185 
positions in order that such offices, functions, 
personnel, and programs maintain the status of 
reporting directly to the Assistant Secretary; 
and 
(C) any other relevant matters, as the In-
spector General determines appropriate. 
SEC. 674. PUBLIC HEARINGS ON SECURITY ASSISTANCE 
GRANT PROGRAM AND THE RESTRICTION OF 
SECURITY IMPROVEMENT PRIORITIES. 
(a) PUBLIC HEARINGS.—Not later than 180 days 
after the date of the enactment of this Act, the Assistant 
Secretary shall conduct public hearings on the administra-
tion of the security assistance grant program under sec-
tion 1406 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (6 U.S.C. 1135). The As-
sistant Secretary shall— 
(1) solicit information and input from the 5 
urban areas that receive the largest amount of grant 
funds under such section, including recipients pro-
viding mass transportation and passenger rail serv-
ices; and 
(2) solicit feedback from such recipients on 
whether current allowable uses of grant funds under 
the regulations or guidance implementing the grant 
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program are sufficient to address security improve-
ment priorities identified by transit agencies. 
(b) REPORT
TO CONGRESS.—The Assistant Sec-
retary shall submit to the Committees on Appropriations 
and Homeland Security of the House of Representatives 
and the Committees on Appropriations and Homeland Se-
curity and Governmental Affairs of the Senate a report 
on the findings of the public hearings conducted under 
paragraph (1). The report shall include— 
(1) the Assistant Secretary’s determinations 
with respect to the extent to which security improve-
ment priorities identified by transit agencies are not 
met by the regulations or guidance implementing the 
grant program; and 
(2) how such regulations or guidance should be 
changed to accommodate such priorities, or the As-
sistant Secretary’s justification for not addressing 
such priorities with the grant program. 
Subtitle D—Transportation 
Security Enhancements 
CHAPTER 1—SECURITY ENHANCEMENTS 
SEC. 681. REPORT AND RECOMMENDATION FOR UNIFORM 
SECURITY BACKGROUND CHECKS. 
Not later than one year after the date of enactment 
of this Act, the Comptroller General shall submit to the 
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Committee on Homeland Security of the House of Rep-
resentatives a report that contains— 
(1) a review of background checks and forms of 
identification required under State and local trans-
portation security programs; 
(2) a determination as to whether the back-
ground checks and forms of identification required 
under such programs duplicate or conflict with Fed-
eral programs; and 
(3) recommendations on limiting the number of 
background checks and forms of identification re-
quired under such programs to reduce or eliminate 
duplication with Federal programs. 
SEC. 682. ANIMAL-PROPELLED VESSELS. 
Notwithstanding section 70105 of title 46, United 
States Code, the Secretary shall not require an individual 
to hold a transportation security card, or be accompanied 
by another individual who holds such a card if— 
(1) the individual has been issued a license, cer-
tificate of registry, or merchant mariner’s document 
under part E of subtitle II of title 46, United States 
Code; 
(2) the individual is not allowed unescorted ac-
cess to a secure area designated in a vessel or facil-
ity security plan approved by the Secretary; and 
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(3) the individual is engaged in the operation of 
an animal-propelled vessel. 
SEC. 683. REQUIREMENTS FOR ISSUANCE OF TRANSPOR-
TATION SECURITY CARDS; ACCESS PENDING 
ISSUANCE; 
REDUNDANT 
BACKGROUND 
CHECKS. 
Section 70105 of title 46, United States Code, is 
amended by adding at the end the following new sub-
sections: 
‘‘(n) PROCESSING TIME.—The Secretary shall review 
an initial transportation security card application and re-
spond to the applicant, as appropriate, including the mail-
ing of an Initial Determination of Threat Assessment let-
ter, within 30 days after receipt of the initial application. 
The Secretary shall, to the greatest extent practicable, re-
view appeal and waiver requests submitted by a transpor-
tation security card applicant, and send a written decision 
or request for additional information required for the ap-
peal or waiver determination, within 30 days after receipt 
of the applicant’s appeal or waiver written request. For 
an applicant that is required to submit additional informa-
tion for an appeal or waiver determination, the Secretary 
shall send a written decision, to the greatest extent prac-
ticable, within 30 days after receipt of all requested infor-
mation. 
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‘‘(o) RECEIPT OF CARDS.—Within 180 days after the 
date of enactment of the Transportation Security Admin-
istration Authorization Act, the Secretary shall develop a 
process to permit an individual approved for a transpor-
tation security card under this section to receive the card 
at the individual’s place of residence. 
‘‘(p) FINGERPRINTING.—The Secretary shall estab-
lish procedures providing for an individual who is required 
to be fingerprinted for purposes of this section to be 
fingerprinted at facilities operated by or under contract 
with an agency of the Department of the Secretary that 
engages in fingerprinting the public for transportation se-
curity or other security purposes. 
‘‘(q) REDUNDANT BACKGROUND CHECKS.—The Sec-
retary shall prohibit a State or political subdivision thereof 
from requiring a separate security background check for 
any purpose for which a transportation security card is 
issued under this section. The Secretary may waive the 
application of this subsection with respect to a State or 
political subdivision thereof if the State or political sub-
division demonstrates a compelling homeland security rea-
son that a separate security background check is nec-
essary.’’. 
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SEC. 684. HARMONIZING SECURITY CARD EXPIRATIONS. 
Section 70105(b) of title 46, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(6) The Secretary may extend for up to one year 
the expiration of a biometric transportation security card 
required by this section to align the expiration with the 
expiration of a license, certificate of registry, or merchant 
mariner document required under chapter 71 or 73.’’. 
SEC. 685. PIPELINE SECURITY STUDY. 
(a) STUDY.—The Comptroller General shall conduct 
a study regarding the roles and responsibilities of the De-
partment of Homeland Security and the Department of 
Transportation with respect to pipeline security. The 
study shall address whether— 
(1) the Annex to the Memorandum of Under-
standing executed on August 9, 2006, between the 
Department of Homeland Security and the Depart-
ment of Transportation adequately delineates stra-
tegic and operational responsibilities for pipeline se-
curity, including whether it is clear which Depart-
ment is responsible for— 
(A) protecting against intentional pipeline 
breaches; 
(B) responding to intentional pipeline 
breaches; and 
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(C) planning to recover from the effects of 
intentional pipeline breaches; 
(2) the respective roles and responsibilities of 
each Department are adequately conveyed to rel-
evant stakeholders and to the public; and 
(3) the processes and procedures for deter-
mining whether a particular pipeline breach is a ter-
rorist incident are clear and effective. 
(b) REPORT ON STUDY.—Not later than 180 days 
after the date of enactment of this section, the Comp-
troller General shall submit to the Committee on Home-
land Security in the House of Representatives a report 
containing the findings of the study conducted under sub-
section (a). 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the issuance of the report regarding the study con-
ducted pursuant to this section, the Secretary of Home-
land Security shall review and analyze the study and sub-
mit to the Committee on Homeland Security of the House 
of Representatives a report on such review and analysis, 
including any recommendations for— 
(1) changes to the Annex to the Memorandum 
of Understanding described in subsection (a)(1); and 
(2) other improvements to pipeline security ac-
tivities at the Department of Homeland Security. 
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SEC. 686. TRANSPORTATION SECURITY ADMINISTRATION 
CENTRALIZED TRAINING FACILITY. 
(a) STUDY.—The Secretary of Homeland Security 
shall carry out a study on the feasibility of establishing 
a centralized training center for advanced security train-
ing provided by the Transportation Security Administra-
tion for the purpose of enhancing aviation security. 
(b) CONSIDERATIONS.—In conducting the study, the 
Secretary shall take into consideration the benefits, costs, 
equipment, personnel needs, and building requirements for 
establishing such a training center and if the benefits of 
establishing the center are an efficient use of resources 
for training transportation security officers. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Secretary 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 re-
garding the results of the study. 
CHAPTER 2—SAFE TRUCKERS ACT OF 2010 
SEC. 691. SHORT TITLE. 
This chapter may be cited as the ‘‘Screening Applied 
Fairly and Equitably to Truckers Act of 2010’’ or the 
‘‘SAFE Truckers Act of 2010’’. 
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SEC. 692. SURFACE TRANSPORTATION SECURITY. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following: 
‘‘TITLE XXI—SURFACE 
TRANSPORTATION SECURITY 
‘‘SEC. 2101. TRANSPORTATION OF SECURITY SENSITIVE MA-
TERIALS. 
‘‘(a) SECURITY SENSITIVE MATERIALS.—Not later 
than 120 days after the date of enactment of this section, 
the Secretary shall issue final regulations, after notice and 
comment, defining security sensitive materials for the pur-
poses of this title. 
‘‘(b) MOTOR VEHICLE OPERATORS.—The Secretary 
shall prohibit an individual from operating a motor vehicle 
in commerce while transporting a security sensitive mate-
rial unless the individual holds a valid transportation secu-
rity card issued by the Secretary under section 70105 of 
title 46, United States Code. 
‘‘(c) SHIPPERS.—The Secretary shall prohibit a per-
son from— 
‘‘(1) offering a security sensitive material for 
transportation by motor vehicle in commerce; or 
‘‘(2) causing a security sensitive material to be 
transported by motor vehicle in commerce, 
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unless the motor vehicle operator transporting the security 
sensitive material holds a valid transportation security 
card issued by the Secretary under section 70105 of title 
46, United States Code. 
‘‘SEC. 2102. ENROLLMENT LOCATIONS. 
‘‘(a) FINGERPRINTING LOCATIONS.—The Secretary 
shall— 
‘‘(1) work with appropriate entities to ensure 
that fingerprinting locations for individuals applying 
for a transportation security card under section 
70105 of title 46, United States Code, have flexible 
operating hours; and 
‘‘(2) permit an individual applying for such 
transportation 
security 
card 
to 
utilize 
a 
fingerprinting location outside of the individual’s 
State of residence to the greatest extent practicable. 
‘‘(b) RECEIPT
AND ACTIVATION
OF CARDS.—The 
Secretary shall develop guidelines and procedures to per-
mit an individual to receive a transportation security card 
under section 70105 of title 46, United States Code, at 
the individual’s place of residence and to activate the card 
at any enrollment center. 
‘‘(c) NUMBER OF LOCATIONS.—The Secretary shall 
develop and implement a plan— 
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‘‘(1) to offer individuals applying for a trans-
portation security card under section 70105 of title 
46, United States Code, the maximum number of 
fingerprinting locations practicable across diverse ge-
ographic regions; and 
‘‘(2) to conduct outreach to appropriate stake-
holders, including owners, operators, and relevant 
entities (and labor organizations representing em-
ployees of such owners, operators, and entities), to 
keep the stakeholders informed of the timeframe and 
locations for the opening of additional fingerprinting 
locations. 
‘‘(d) AUTHORIZATION.—There are authorized to be 
appropriated such sums as may be necessary to carry out 
this section. 
‘‘SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
ensure compliance with this title. 
‘‘(b) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary may enter into a memorandum of understanding 
with the Secretary of Transportation to ensure compliance 
with section 2101. 
‘‘SEC. 2104. CIVIL PENALTIES. 
‘‘A person that violates this title or a regulation or 
order issued under this title is liable to the United States 
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Government pursuant to the Secretary’s authority under 
section 114(v) of title 49, United States Code. 
‘‘SEC. 2105. COMMERCIAL MOTOR VEHICLE OPERATORS 
REGISTERED TO OPERATE IN MEXICO OR 
CANADA. 
‘‘The Secretary shall prohibit a commercial motor ve-
hicle operator licensed to operate in Mexico or Canada 
from operating a commercial motor vehicle transporting 
a security sensitive material in commerce in the United 
States until the operator has been subjected to, and not 
disqualified as a result of, a security background records 
check by a Federal agency that the Secretary determines 
is similar to the security background records check re-
quired for commercial motor vehicle operators in the 
United States transporting security sensitive materials in 
commerce. 
‘‘SEC. 2106. OTHER SECURITY BACKGROUND CHECKS. 
‘‘The Secretary shall determine that an individual ap-
plying for a transportation security card under section 
70105 of title 46, United States Code, has met the back-
ground check requirements for such card if the individual 
was subjected to, and not disqualified as a result of, a 
security background records check by a Federal agency 
that the Secretary determines is equivalent to or more 
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stringent than the background check requirements for 
such card. 
‘‘SEC. 2107. REDUNDANT BACKGROUND CHECKS. 
‘‘(a) IN GENERAL.—After the date of enactment of 
this title, the Secretary shall prohibit a State or political 
subdivision thereof from requiring a separate security 
background check of an individual seeking to transport 
hazardous materials. 
‘‘(b) WAIVERS.—The Secretary may waive the appli-
cation of subsection (a) with respect to a State or political 
subdivision thereof if the State or political subdivision 
demonstrates a compelling homeland security reason that 
a separate security background check is necessary to en-
sure the secure transportation of hazardous materials in 
the State or political subdivision. 
‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall limit the authority of a State 
to ensure that an individual has the requisite knowledge 
and skills to safely transport hazardous materials in com-
merce. 
‘‘SEC. 2108. TRANSITION. 
‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR 
HAZARDOUS
MATERIALS
ENDORSEMENTS.—The Sec-
retary shall treat an individual who has obtained a haz-
ardous materials endorsement in accordance with section 
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1572 of title 49, Code of Federal Regulations, before the 
date of enactment of this title, as having met the back-
ground check requirements of a transportation security 
card under section 70105 of title 46, United States Code, 
subject to reissuance or expiration dates of the hazardous 
materials endorsement. 
‘‘(b) REDUCTION IN FEES.—The Secretary shall re-
duce, to the greatest extent practicable, any fees associ-
ated with obtaining a transportation security card under 
section 70105 of title 46, United States Code, for any in-
dividual referred to in subsection (a). 
‘‘SEC. 2109. SAVINGS CLAUSE. 
‘‘Nothing in this title shall be construed as affecting 
the authority of the Secretary of Transportation to regu-
late hazardous materials under chapter 51 of title 49, 
United States Code. 
‘‘SEC. 2110. DEFINITIONS. 
‘‘In this title, the following definitions apply: 
‘‘(1) COMMERCE.—The term ‘commerce’ means 
trade or transportation in the jurisdiction of the 
United States— 
‘‘(A) between a place in a State and a 
place outside of the State; or 
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‘‘(B) that affects trade or transportation 
between a place in a State and a place outside 
of the State. 
‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz-
ardous material’ has the meaning given that term in 
section 5102 of title 49, United States Code. 
‘‘(3) PERSON.—The term ‘person’, in addition 
to its meaning under section 1 of title 1, United 
States Code— 
‘‘(A) includes a government, Indian tribe, 
or authority of a government or tribe offering 
security sensitive material for transportation in 
commerce or transporting security sensitive ma-
terial to further a commercial enterprise; but 
‘‘(B) does not include— 
‘‘(i) the United States Postal Service; 
and 
‘‘(ii) in section 2104, a department, 
agency, or instrumentality of the Govern-
ment. 
‘‘(4) SECURITY
SENSITIVE
MATERIAL.—The 
term ‘security sensitive material’ has the meaning 
given that term in section 1501 of the Implementing 
Recommendations of the 9/11 Commission Act of 
2007 (6 U.S.C. 1151). 
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‘‘(5) 
TRANSPORTS; 
TRANSPORTATION.—The 
term ‘transports’ or ‘transportation’ means the 
movement of property and loading, unloading, or 
storage incidental to such movement.’’. 
SEC. 693. CONFORMING AMENDMENT. 
The table of contents contained in section 1(b) of the 
Homeland Security Act of 2002 (116 Stat. 2135) is 
amended by adding at the end the following: 
‘‘TITLE XXI—SURFACE TRANSPORTATION SECURITY 
‘‘Sec. 2101. Transportation of security sensitive materials. 
‘‘Sec. 2102. Enrollment locations. 
‘‘Sec. 2103. Authority to ensure compliance. 
‘‘Sec. 2104. Civil penalties. 
‘‘Sec. 2105. Commercial motor vehicle operators registered to operate in Mexico 
or Canada. 
‘‘Sec. 2106. Other security background checks. 
‘‘Sec. 2107. Redundant background checks. 
‘‘Sec. 2108. Transition. 
‘‘Sec. 2109. Savings clause. 
‘‘Sec. 2110. Definitions.’’. 
SEC. 694. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 
Section 5103a of title 49, United States Code, and 
the item relating to that section in the analysis for chapter 
51 of such title, are repealed. 
SEC. 695. DEADLINES AND EFFECTIVE DATES. 
(a) ISSUANCE
OF
TRANSPORTATION
SECURITY 
CARDS.—Not later than May 31, 2011, the Secretary shall 
begin issuance of transportation security cards under sec-
tion 70105 of title 46, United States Code, to individuals 
who seek to operate a motor vehicle in commerce while 
transporting security sensitive materials. 
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(b) EFFECTIVE DATE OF PROHIBITIONS.—The pro-
hibitions contained in sections 2101 and 2106 of the 
Homeland Security Act of 2002 (as added by this subtitle) 
shall take effect on the date that is 3 years after the date 
of enactment of this Act. 
(c) EFFECTIVE DATE
OF SECTION 694 AMEND-
MENTS.—The amendments made by section 694 of this 
Act shall take effect on the date that is 3 years after the 
date of enactment of this Act. 
SEC. 696. TASK FORCE ON DISQUALIFYING CRIMES. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a task force to review the lists of crimes that disqualify 
individuals from transportation-related employment under 
current regulations of the Transportation Security Admin-
istration and assess whether such lists of crimes are accu-
rate indicators of a terrorism security risk. 
(b) MEMBERSHIP.—The task force shall be composed 
of representatives of appropriate industries, including 
labor unions representing employees of such industries, 
Federal agencies, and other appropriate entities, as deter-
mined by the Secretary. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the task force shall submit to 
the Secretary and the Committee on Homeland Security 
of the House of Representatives a report containing the 
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results of the review, including recommendations for a 
common list of disqualifying crimes and the rationale for 
the inclusion of each crime on the list. 
TITLE VII—MARITIME SECURITY 
Subtitle A—General Provisions 
SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 
Of the amount authorized to be appropriated to the 
Secretary under section 201, funds are authorized to be 
appropriated to the Commandant of the Coast Guard for 
fiscal year 2011 for necessary expenses of the Coast 
Guard as follows: 
(1) For necessary expenses for the operation 
and maintenance of the Coast Guard not otherwise 
provided for; purchase or lease of not to exceed 25 
passenger motor vehicles, which shall be for replace-
ment only; purchase or lease of small boats for con-
tingent and emergent requirements (at a unit cost of 
no more than $700,000) and repairs and service-life 
replacements, not to exceed a total of $26,000,000; 
minor shore construction projects not exceeding 
$1,000,000 in total cost at any location; payments 
pursuant to section 156 of Public Law 97–377 (42 
U.S.C. note; 96 Stat. 1920); and recreation and wel-
fare; $6,689,655,000 of which $340,000,000 shall be 
for defense-related activities; of which $24,500,000 
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shall be derived from the Oil Spill Liability Trust 
Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which not to exceed $20,000 
shall be for official reception and representation ex-
penses: Provided further, that none of the funds 
made available by this Act shall be for expenses in-
curred for recreational vehicles under section 12114 
of title 46, United States Code, except to the extent 
fees are collected from yacht owners and credited to 
this appropriation. 
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore 
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $1,477,228,000 of 
which— 
(A) $20,000,000 shall be derived from the 
Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990, to remain available until ex-
pended; 
(B) $1,208,502,000 is authorized for the 
Integrated Deepwater System Program, includ-
ing $96,000,000 for long lead construction ma-
terials for National Security Cutter #6; and 
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(C) $69,200,000 is authorized for shore fa-
cilities and aids to navigation. 
(3) To the Commandant of the Coast Guard for 
research, development, test, and evaluation of tech-
nologies, material, and human factors directly relat-
ing to improving the performance of Coast Guard 
missions, $25,034,000, to remain available until ex-
pended, of which $500,000 shall be derived from the 
Oil Spill Liability Trust Fund to carry out the pur-
poses of section 1012(a)(5) of the Oil Pollution Act 
of 1990. 
(4) For retired pay (including the payment of 
obligations otherwise chargeable to lapsed appropria-
tions of this purpose), payments under the Retired 
Serviceman’s Family Protection and Survivor Ben-
efit Plans, and payments for medical care of retired 
personnel and their dependents under chapter 55 of 
title 10, United States Code, $1,400,700,000 to re-
main available until expended. 
(5) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and 
equipment associated with operation and mainte-
nance), $13,329,000 to remain available until ex-
pended. 
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(6) For Coast Guard Reserve Program, includ-
ing personnel and training costs, equipment, and 
services, $135,675,000. 
(7) None of the funds authorized by this Act 
may be used for the decommissioning of a Coast 
Guard High Endurance Cutter unless the Coast 
Guard commissions, including in commission special 
status, a replacement National Security Cutter with-
in 90 days after such decommissioning. 
SEC. 702. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is 
authorized an end-of-year strength for active duty per-
sonnel of 47,000 for the fiscal year ending on September 
30, 2011. 
(b) MILITARY TRAINING STUDENT LOADS.—For fis-
cal year 2011, the Coast Guard is authorized average mili-
tary training student loads as follows: 
(1) For recruit and special training, 2,500 stu-
dent years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and ci-
vilian institutions, 350 student years. 
(4) For officer acquisition, 1,200 student years. 
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SEC. 703. ADMIRALS AND VICE ADMIRALS. 
(a) ADMIRALS.—Section 41 of title 14, United States 
Code, is amended by striking ‘‘an admiral,’’ and inserting 
‘‘admirals;’’. 
(b) VICE COMMANDANT.—Section 47 of title 14, 
United States Code, is amended— 
(1) in the section heading by striking ‘‘assign-
ment’’ and inserting ‘‘appointment’’; and 
(2) in the text by striking ‘‘vice admiral’’ and 
inserting ‘‘admiral’’. 
(c) VICE ADMIRALS.— 
(1) IN
GENERAL.—Section 50 of title 14, 
United States Code, is amended to read as follows: 
‘‘§ 50. Vice admirals 
‘‘(a)(1) The President may designate 4 positions of 
importance and responsibility that shall be held by officers 
who— 
‘‘(A) while so serving, shall have the grade of 
vice admiral, with the pay and allowances of that 
grade; and 
‘‘(B) shall perform any duties as the Com-
mandant may prescribe. 
‘‘(2) The 4 vice admiral positions authorized under 
paragraph (1) are, respectively, the following: 
‘‘(A) The Deputy Commandant for Mission 
Support. 
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‘‘(B) The Deputy Commandant for Operations 
Policy. 
‘‘(C) The Commander, Force Readiness Com-
mand. 
‘‘(D) The Commander, Operations Command. 
‘‘(3) The President may appoint, by and with the ad-
vice and consent of the Senate, and reappoint, by and with 
the advice and consent of the Senate, to each of the posi-
tions designated under paragraph (1) an officer of the 
Coast Guard who is serving on active duty above the grade 
of captain. The Commandant shall make recommendations 
for those appointments. 
‘‘(4)(A) Except as provided in subparagraph (B), the 
Deputy Commandant for Operations Policy must have at 
least 10 years experience in vessel inspection, marine cas-
ualty investigations, mariner licensing, or an equivalent 
technical expertise in the design and construction of com-
mercial vessels, with at least 4 years of leadership experi-
ence at a staff or unit carrying out marine safety func-
tions. 
‘‘(B) The requirements of subparagraph (A) do not 
apply to such Deputy Commandant if the subordinate offi-
cer serving in the grade of rear admiral with responsibil-
ities for marine safety, security, and stewardship possesses 
that experience. 
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‘‘(b)(1) The appointment and the grade of vice admi-
ral under this section shall be effective on the date the 
officer assumes that duty and, except as provided in para-
graph (2) of this subsection or in section 51(d) of this 
title, shall terminate on the date the officer is detached 
from that duty. 
‘‘(2) An officer who is appointed to a position des-
ignated under subsection (a) shall continue to hold the 
grade of vice admiral— 
‘‘(A) while under orders transferring the officer 
to another position designated under subsection (a), 
beginning on the date the officer is detached from 
duty and terminating on the date before the day the 
officer assumes the subsequent duty, but not for 
more than 60 days; 
‘‘(B) while hospitalized, beginning on the day of 
the hospitalization and ending on the day the officer 
is discharged from the hospital, but not for more 
than 180 days; and 
‘‘(C) while awaiting retirement, beginning on 
the date the officer is detached from duty and end-
ing on the day before the officer’s retirement, but 
not for more than 60 days. 
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‘‘(c)(1) An appointment of an officer under sub-
section (a) does not vacate the permanent grade held by 
the officer. 
‘‘(2) An officer serving in a grade above rear admiral 
who holds the permanent grade of rear admiral (lower 
half) shall be considered for promotion to the permanent 
grade of rear admiral as if the officer was serving in the 
officer’s permanent grade. 
‘‘(d) Whenever a vacancy occurs in a position des-
ignated under subsection (a), the Commandant shall in-
form the President of the qualifications needed by an offi-
cer serving in that position to carry out effectively the du-
ties and responsibilities of that position.’’. 
(2) APPLICATION
OF
DEPUTY
COMMANDANT 
QUALIFICATION
REQUIREMENT.—The requirement 
under section 50(a)(4)(A) of title 14, United States 
Code, as amended by this subsection, shall apply on 
and after October 1, 2011. 
(d) REPEAL.—Section 50a of title 14, United States 
Code, is repealed. 
(e) CONFORMING AMENDMENT.—Section 51 of that 
title is amended— 
(1) by amending subsections (a), (b), and (c) to 
read as follows: 
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‘‘(a) An officer, other than the Commandant, who, 
while serving in the grade of admiral or vice admiral, is 
retired for physical disability shall be placed on the retired 
list with the highest grade in which that officer served. 
‘‘(b) An officer, other than the Commandant, who is 
retired while serving in the grade of admiral or vice admi-
ral, or who, after serving at least two and one-half years 
in the grade of admiral or vice admiral, is retired while 
serving in a lower grade, may in the discretion of the 
President, be retired with the highest grade in which that 
officer served. 
‘‘(c) An officer, other than the Commandant, who, 
after serving less than two and one-half years in the grade 
of admiral or vice admiral, is retired while serving in a 
lower grade, shall be retired in his permanent grade.’’; and 
(2) in subsection (d)(2) by striking ‘‘Area Com-
mander, or Chief of Staff’’ and inserting ‘‘or Vice 
Admirals’’. 
(f) CONTINUITY OF GRADE.—Section 52 of title 14, 
United States Code, is amended— 
(1) in the section heading by inserting ‘‘and 
admirals’’ after ‘‘Vice admirals’’; and 
(2) in the text by inserting ‘‘or admiral’’ after 
‘‘vice admiral’’ the first time that term appears. 
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211 
(g) CONTINUATION ON ACTIVE DUTY.—The second 
sentence of section 290(a) of title 14, United States Code, 
is amended to read as follows: ‘‘Officers, other than the 
Commandant, serving for the time being or who have 
served in the grade of vice admiral or admiral are not sub-
ject to consideration for continuation under this sub-
section, and as to all other provisions of this section shall 
be considered as having been continued in the grade of 
rear admiral.’’. 
(h) TREATMENT OF INCUMBENTS; TRANSITION.— 
(1) VICE COMMANDANT.—Notwithstanding any 
other provision of law, the officer who, on the date 
of enactment of this Act, is serving in the Coast 
Guard as Vice Commandant— 
(A) shall continue to serve as Vice Com-
mandant; 
(B) shall have the grade of admiral with 
pay and allowances of that grade; and 
(C) shall not be required to be reappointed 
by reason of the enactment of this Act. 
(2) CHIEF OF STAFF, COMMANDER, ATLANTIC 
AREA, OR
COMMANDER, PACIFIC
AREA.—Notwith-
standing any other provision of law, an officer who, 
on the date of enactment of this Act, is serving in 
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212 
the Coast Guard as Chief of Staff, Commander, At-
lantic Area, or Commander, Pacific Area— 
(A) shall continue to have the grade of vice 
admiral with pay and allowance of that grade 
until such time that the officer is relieved of his 
or her duties and appointed and confirmed to 
another position as a vice admiral or admiral; 
and 
(B) for the purposes of transition, may 
continue, for not more than one year after the 
date of enactment of this Act, to perform the 
duties of the officer’s former position and any 
other such duties that the Commandant pre-
scribes. 
(i) CLERICAL AMENDMENTS.— 
(1) The table of sections at the beginning of 
chapter 3 of title 14, United States Code, is amend-
ed— 
(A) by striking the item relating to section 
47 and inserting the following: 
‘‘47. Vice Commandant; appointment.’’; 
(B) by striking the item relating to section 
50 and inserting the following: 
‘‘50. Vice admirals.’’; 
(C) by striking the item relating to section 
50a; and 
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(D) by striking the item relating to section 
52 and inserting the following: 
‘‘52. Vice admirals and admirals, continuity of grade.’’. 
(j) TECHNICAL CORRECTION.—Section 47 of title 14, 
United States Code, is further amended in the fifth sen-
tence by striking ‘‘subsection’’ and inserting ‘‘section’’. 
SEC. 704. COAST GUARD COMMISSIONED OFFICERS: COM-
PULSORY RETIREMENT. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is amended by striking section 293 and in-
serting the following: 
‘‘§ 293. Compulsory retirement 
‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any reg-
ular commissioned officer, except a commissioned warrant 
officer, serving in a grade below rear admiral (lower half) 
shall be retired on the first day of the month following 
the month in which the officer becomes 62 years of age. 
‘‘(b) FLAG-OFFICER GRADES.—(1) Except as pro-
vided in paragraph (2), any regular commissioned officer 
serving in a grade of rear admiral (lower half) or above 
shall be retired on the first day of the month following 
the month in which the officer becomes 64 years of age. 
‘‘(2) The retirement of an officer under paragraph 
(1) may be deferred— 
‘‘(A) by the President, but such a deferment 
may not extend beyond the first day of the month 
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following the month in which the officer becomes 68 
years of age; or 
‘‘(B) by the Secretary, but such a deferment 
may not extend beyond the first day of the month 
following the month in which the officer becomes 66 
years of age.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by striking the item 
relating to such section and inserting the following: 
‘‘293. Compulsory retirement.’’. 
SEC. 705. COMMISSIONED OFFICERS. 
(a) ACTIVE DUTY PROMOTION LIST.—Section 42 of 
title 14, United States Code, is amended to read as fol-
lows: 
‘‘§ 42. Number and distribution of commissioned offi-
cers on active duty promotion list 
‘‘(a) MAXIMUM TOTAL NUMBER.—The total number 
of Coast Guard commissioned officers on the active duty 
promotion list, excluding warrant officers, shall not exceed 
6,700; except that the Commandant may temporarily in-
crease that number by up to 2 percent for no more than 
60 days following the date of the commissioning of a Coast 
Guard Academy class. 
‘‘(b) DISTRIBUTION PERCENTAGES BY GRADE.— 
‘‘(1) REQUIRED.—The total number of commis-
sioned officers authorized by this section shall be 
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215 
distributed in grade in the following percentages: 
0.375 percent for rear admiral; 0.375 percent for 
rear admiral (lower half); 6.0 percent for captain; 
15.0 percent for commander; and 22.0 percent for 
lieutenant commander. 
‘‘(2) DISCRETIONARY.—The Secretary shall 
prescribe the percentages applicable to the grades of 
lieutenant, lieutenant (junior grade), and ensign. 
‘‘(3) AUTHORITY OF SECRETARY TO REDUCE 
PERCENTAGE.—The Secretary— 
‘‘(A) may reduce, as the needs of the Coast 
Guard require, any of the percentages set forth 
in paragraph (1); and 
‘‘(B) shall apply that total percentage re-
duction to any other lower grade or combination 
of lower grades. 
‘‘(c) COMPUTATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall com-
pute, at least once each year, the total number of 
commissioned officers authorized to serve in each 
grade by applying the grade distribution percentages 
established by or under this section to the total 
number of commissioned officers listed on the cur-
rent active duty promotion list. 
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‘‘(2) ROUNDING FRACTIONS.—Subject to sub-
section (a), in making the computations under para-
graph (1), any fraction shall be rounded to the near-
est whole number. 
‘‘(3) TREATMENT OF OFFICERS SERVING OUT-
SIDE COAST GUARD.—The number of commissioned 
officers on the active duty promotion list below the 
rank of rear admiral (lower half) serving with other 
Federal departments or agencies on a reimbursable 
basis or excluded under section 324(d) of title 49 
shall not be counted against the total number of 
commissioned officers authorized to serve in each 
grade. 
‘‘(d) USE OF NUMBERS; TEMPORARY INCREASES.— 
The numbers resulting from computations under sub-
section (c) shall be, for all purposes, the authorized num-
ber in each grade; except that the authorized number for 
a grade is temporarily increased during the period between 
one computation and the next by the number of officers 
originally appointed in that grade during that period and 
the number of officers of that grade for whom vacancies 
exist in the next higher grade but whose promotion has 
been delayed for any reason. 
‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY 
AND RESERVE.—The number of officers authorized to be 
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217 
serving on active duty in each grade of the permanent 
commissioned teaching staff of the Coast Guard Academy 
and of the Reserve serving in connection with organizing, 
administering, recruiting, instructing, or training the re-
serve components shall be prescribed by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 of such title is amended by striking the item relating 
to section 42 and inserting the following: 
‘‘42. Number and distribution of commissioned officers on active duty promotion 
list.’’. 
SEC. 706. ADMINISTRATION OF MARITIME SECURITY. 
(a) ESTABLISH MARITIME SECURITY AS A COAST 
GUARD FUNCTION.—Chapter 5 of title 14, United States 
Code, is further amended by adding at the end the fol-
lowing new section: 
‘‘§ 103. Maritime security 
‘‘To protect life, property, and the environment on, 
under, and over waters subject to the jurisdiction of the 
United States and on vessels subject to the jurisdiction 
of the United States, the Commandant shall promote mar-
itime security as follows: 
‘‘(1) By taking actions necessary in the public 
interest to protect such life, property, and the envi-
ronment. 
‘‘(2) Based on priorities established by the 
Commandant including— 
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‘‘(A) protecting maritime borders from all 
intrusions, reducing the risk from terrorism to 
United States passengers at foreign and domes-
tic ports and in designated waterfront facilities, 
and preventing and responding to terrorist at-
tacks and other homeland security threats; 
‘‘(B) protecting critical maritime infra-
structure and other key resources; and 
‘‘(C) preventing, to the maximum extent 
practicable, a transportation security incident 
as defined in section 70101 of title 46.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is further amended by adding at 
the end the following new item: 
‘‘Sec. 103. Maritime security.’’. 
(c) MARITIME SECURITY STAFF.— 
(1) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is further amended by adding at the 
end the following new sections: 
‘‘§ 60. Maritime security workforce 
‘‘(a) DESIGNATION OF MARITIME SECURITY WORK-
FORCE.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Commandant, shall ensure appropriate 
coverage of maritime security missions within the 
workforce in each sector. 
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‘‘(2) REQUIRED POSITIONS.—In designating po-
sitions under paragraph (1), the Secretary shall in-
clude the following maritime security-related posi-
tions: 
‘‘(A) Program oversight. 
‘‘(B) Counterterrorism functions. 
‘‘(C) Counterintelligence functions. 
‘‘(D) Criminal investigations related to 
maritime security. 
‘‘(E) Port security enforcement. 
‘‘(F) Any other activities that the Com-
mandant deems as necessary. 
‘‘(3) MARITIME
SECURITY
MANAGEMENT
AC-
TIVITIES.—The Secretary shall also designate under 
paragraph (1) those maritime security-related man-
agement positions located at Coast Guard head-
quarters, Coast Guard Readiness Command, Coast 
Guard Operations Command, the Deployable Oper-
ations Group, and the Intelligence Coordination Cen-
ter. 
‘‘(b) 
CAREER
PATHS.—The 
Secretary, 
acting 
through the Commandant, may establish appropriate ca-
reer paths for civilian and military Coast Guard personnel 
who wish to pursue careers in maritime security are identi-
fied in terms of the education, training, experience, and 
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assignments necessary for career progression of civilians 
and member of the Armed Forces to the most senior mari-
time security positions. The Secretary shall make available 
published information on such career paths. 
‘‘(c) BALANCED WORKFORCE POLICY.—In the devel-
opment of maritime security workforce policies under this 
section with respect to any civilian employees or applicants 
for employment with the Coast Guard, the Secretary shall, 
consistent with the merit system principles set out in para-
graphs (1) and (2) of section 2301(b) of title 5, take into 
consideration the need to maintain a balanced workforce 
in which women and members of racial and ethnic minor-
ity groups are appropriately represented in Government 
service. 
‘‘(d) SECTOR CHIEF OF MARITIME SECURITY.— 
‘‘(1) IN GENERAL.—The Commandant may as-
sign, as appropriate, a Chief of Maritime Security 
who shall be at least a Lieutenant Commander or ci-
vilian employee within the grade GS–13 of the Gen-
eral Schedule in each Coast Guard sector. 
‘‘(2) FUNCTIONS.—The Chief of Maritime Se-
curity for a sector— 
‘‘(A) is responsible for all individuals who, 
on behalf of the Coast Guard, conduct port se-
curity operations, counterterrorism operations, 
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intelligence and counterintelligence operations, 
and support national defense operations; and 
‘‘(B) if not the Coast Guard officer in 
command of that sector, is the principal advisor 
to the Sector Commander regarding maritime 
security matters in that sector. 
‘‘(e) SIGNATORIES OF LETTER OF QUALIFICATION.— 
Each individual signing a letter of qualification for mari-
time security personnel must hold a letter of qualification 
for the type being certified. 
‘‘§ 61. Centers of expertise for maritime security 
‘‘(a) ESTABLISHMENT.—The Commandant may es-
tablish and operate one or more centers of Maritime Secu-
rity (in this section referred to as a ‘Center’). 
‘‘(b) MISSIONS.—The Centers shall— 
‘‘(1) be used to facility education, training, and 
research in maritime security including maritime do-
main awareness, counterterrorism policy and oper-
ations, and intelligence collection, fusion, and dis-
semination; 
‘‘(2) develop a repository on information on 
maritime security; and 
‘‘(3) perform any other function as the Com-
mandant may specify. 
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‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI-
TUTION AUTHORIZED.—The Commandant may enter into 
an agreement with an appropriate official of an institution 
of higher education to— 
‘‘(1) provide for joint operation of a Center; 
and 
‘‘(2) provide necessary administrative service 
for a Center, including administration and allocation 
of funds. 
‘‘(d) ACCEPTANCE OF DONATIONS.— 
‘‘(1) IN GENERAL.—The Commandant may ac-
cept, on behalf of a center, donations to be used to 
defray the costs of the Center or to enhance the op-
eration of the Center. 
‘‘(2) GUIDANCE.—The Commandant shall pre-
scribe written guidance setting forth the criteria to 
be used in determining if the acceptance of a dona-
tion is appropriate.’’. 
(2) CLERICAL AMENDMENT.—The analysis at 
the beginning of such chapter is further amended by 
adding at the end the following new items: 
‘‘Sec. 60. Maritime security workforce. 
‘‘Sec. 61. Centers of expertise for maritime security.’’. 
(d) POWERS AND DUTIES.—Section 93 of title 14, 
United States Code, is amended by adding at the end the 
following new subsection: 
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‘‘(e) In exercising the Commandant’s duties and re-
sponsibilities with regard to maritime security, the Com-
mandant shall designate a flag officer to serve as the prin-
cipal advisor to the Commandant for maritime security. 
The designee shall have at least 10 years combined experi-
ence in operations, intelligence, counterterrorism, counter-
intelligence, port security, criminal investigations (except 
maritime casualty investigations), and port security or 
other maritime security functions, and at least four years 
of leadership experience at a staff or unit carrying out 
maritime security functions.’’. 
SEC. 707. MARITIME SECURITY RESPONSE TEAMS. 
Section 70106 of title 46, United States Code, is 
amended by striking subsection (c) and inserting the fol-
lowing: 
‘‘(c) MARITIME SECURITY RESPONSE TEAMS.— 
‘‘(1) IN GENERAL.—In addition to the maritime 
safety and security teams, the Secretary shall estab-
lish no less than two maritime security response 
teams to act as the Coast Guard’s rapidly deployable 
counterterrorism and law enforcement response 
units that can apply advanced interdiction skills in 
response to threats of maritime terrorism. 
‘‘(2) MINIMIZATION OF RESPONSE TIME.—The 
maritime security response teams shall be stationed 
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in such a way to minimize, to the extent practicable, 
the response time to any reported maritime terrorist 
threat. 
‘‘(3) DEDICATED
AVIATION
SUPPORT.—The 
maritime security response teams required by this 
subsection shall include a deployable aviation sup-
port element capable of providing regular training to 
ensure a maritime security response team’s pro-
ficiency in vertical insertion operations. 
‘‘(d) COORDINATION WITH OTHER AGENCIES.—To 
the maximum extent feasible, each maritime safety and 
security team and maritime security response team shall 
coordinate its activities with other Federal, State, and 
local law enforcement and emergency response agencies.’’. 
SEC. 708. MARITIME SAFETY AND SECURITY TEAMS. 
None of the funds authorized in this Act may be used 
to decommission or otherwise reduce the capabilities of a 
maritime safety and security team commissioned prior to 
the date of enactment of this Act unless the Secretary cer-
tifies in writing to the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate that 
such a decommissioning would not diminish the Coast 
Guard’s ability to respond in an effective and timely man-
ner to a suspected terrorism or other homeland security 
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threat in the port or region where such a maritime safety 
and security team is located. 
SEC. 709. WATERSIDE SECURITY OF CERTAIN DANGEROUS 
CARGO. 
(a) NATIONAL STUDY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, acting through the Commandant of the 
Coast Guard, shall— 
(A) initiate a national study to identify 
measures to improve the security of maritime 
transportation of certain dangerous cargo; and 
(B) coordinate with other Federal agen-
cies, the National Maritime Security Advisory 
Committee, and appropriate State and local 
government officials through the Area Maritime 
Security Committees and other existing coordi-
nating committees, to evaluate the waterside se-
curity of vessels carrying, and waterfront facili-
ties handling, certain dangerous cargo. 
(2) MATTERS
TO
BE
INCLUDED.—The study 
conducted under this subsection shall include— 
(A) an analysis of existing risk assessment 
information relating to waterside security gen-
erated by the Coast Guard and Area Maritime 
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Security Committees as part of the Maritime 
Security Risk Assessment Model; 
(B) a review and analysis of appropriate 
roles and responsibilities of maritime stake-
holders, including Federal, State, and local law 
enforcement and industry security personnel, 
responsible for waterside security of vessels car-
rying, and waterfront facilities handling, certain 
dangerous cargo, including— 
(i) the number of ports in which State 
and local law enforcement entities are pro-
viding any services to enforce Coast 
Guard-imposed security zones around ves-
sels transiting to, through, or from United 
States ports or to conduct security patrols 
in United States ports; 
(ii) the number of formal agreements 
entered into between the Coast Guard and 
State and local law enforcement entities to 
engage State and local law enforcement en-
tities 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 dura-
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227 
tion of those agreements, and the aid that 
State and local entities are engaged to pro-
vide through such agreements; 
(iii) the extent to which the Coast 
Guard has set national standards for train-
ing, equipment, and resources to ensure 
that State and local law enforcement enti-
ties engaged in enforcing Coast Guard-im-
posed 
security 
zones 
around 
vessels 
transiting to, through, or from United 
States ports or in conducting port security 
patrols in United States ports (or both) 
can deter to the maximum extent prac-
ticable a transportation security incident; 
(iv) the extent to which the Coast 
Guard has assessed the ability of State 
and local law enforcement entities to carry 
out the security assignments that they 
have been engaged to perform, including 
their ability to meet any national stand-
ards 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; 
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(v) the extent to which State and local 
law enforcement entities are able to meet 
national standards for training, equipment, 
and resources established by the Coast 
Guard to ensure that those entities can 
deter to the maximum extent practicable a 
transportation security incident; 
(vi) the differences in law enforcement 
authority, and particularly boarding au-
thority, 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 en-
forcement entities to provide the same level 
of security that the Coast Guard provides 
during the enforcement of Coast Guard-im-
posed security zones and the conduct of se-
curity patrols in United States ports; and 
(vii) the extent of resource, training, 
and equipment differences between State 
and local law enforcement entities and the 
Coast Guard units engaged in enforcing 
Coast 
Guard-imposed 
security 
zones 
around vessels transiting to, through, or 
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229 
from United States ports or conducting se-
curity patrols in United States ports; 
(C) recommendations for risk-based secu-
rity measures to improve waterside security of 
vessels carrying, and waterfront facilities han-
dling, certain dangerous cargo; and 
(D) identification of security funding alter-
natives, including an analysis of the potential 
for cost-sharing by the public and private sec-
tors as well as any challenges associated with 
such cost-sharing. 
(3) INFORMATION
PROTECTION.—In carrying 
out the coordination necessary to effectively com-
plete the study, the Commandant shall implement 
measures to ensure the protection of any sensitive 
security information, proprietary information, or 
classified information collected, reviewed, or shared 
during collaborative engagement with maritime 
stakeholders and other Government entities, except 
that nothing in this paragraph shall constitute au-
thority to withhold information from— 
(A) the Congress; or 
(B) first responders requiring such infor-
mation for the protection of life or property. 
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(4) REPORT.—Not later than 12 months after 
the date of enactment of this Act, the Secretary, act-
ing through the Commandant, shall submit to the 
Committees on Homeland Security and Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committees on Commerce, Science, 
and Transportation and Homeland Security and 
Governmental Affairs of the Senate a report on the 
results of the study under this subsection. 
(b) NATIONAL STRATEGY.—Not later than 6 months 
after submission of the report required by subsection (a), 
the Secretary, acting through the Commandant, shall de-
velop, in conjunction with appropriate Federal agencies, 
a national strategy for the waterside security of vessels 
carrying, and waterfront facilities handling, certain dan-
gerous cargo. The strategy shall utilize the results of the 
study required by subsection (a). 
(c) SECURITY OF CERTAIN DANGEROUS CARGO.— 
(1) ENFORCEMENT OF SECURITY ZONES.—Con-
sistent with other provisions of Federal law, the 
Coast Guard shall coordinate and be responsible for 
the enforcement of any Federal security zone estab-
lished by the Coast Guard around a vessel con-
taining certain dangerous cargo. The Coast Guard 
shall allocate available resources so as to deter and 
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231 
respond to a transportation security incident, to the 
maximum extent practicable, and to protect lives or 
protect property in danger. 
(2) LIMITATION ON RELIANCE ON STATE AND 
LOCAL
GOVERNMENT.—Any security arrangement 
approved after the date of enactment of this Act to 
assist in the enforcement of any security zone estab-
lished by the Coast Guard around a vessel carrying 
a certain dangerous cargo or around a waterfront fa-
cility handling a certain dangerous cargo may not be 
based upon the provision of security by a State or 
local government unless the Secretary, acting 
through the Commandant of the Coast Guard, en-
sures that the waterborne patrols operated as part 
of that security arrangement by a State or local gov-
ernment have the training, resources, personnel, and 
experience necessary to carry out the security re-
sponsibilities that they have been engaged to per-
form in order, to the maximum extent practicable, to 
deter and respond to a transportation security inci-
dent. 
(3) DETERMINATION REQUIRED FOR NEW FA-
CILITIES.—The Secretary of Homeland Security, 
acting through the Commandant of the Coast 
Guard, may not approve a facility security plan 
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232 
under section 70103 of title 46, United States Code, 
for a new facility the construction of which is begun 
after the date of enactment of this Act, that receives 
or ships through maritime commerce certain dan-
gerous cargo unless the Secretary determines that 
there are sufficient resources available to ensure 
compliance with the facility security plan. 
(4) RESOURCE DEFICIENCY REPORTING.—The 
Secretary, acting through the Commandant of the 
Coast Guard, shall provide to the Committees on 
Homeland Security and Transportation and Infra-
structure of the House of Representatives and the 
Committees on Commerce, Science, and Transpor-
tation and Homeland Security and Governmental 
Affairs of the Senate 90 days after the end of each 
fiscal year a report indicating— 
(A) the number of security zones estab-
lished for certain dangerous cargo shipments; 
(B) the number of certain dangerous cargo 
shipments provided a waterborne security es-
cort, subdivided by Federal, State, local, or pri-
vate security; and 
(C) an assessment as to any additional ves-
sels, personnel, infrastructure, and other re-
sources necessary to provide waterborne escorts 
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233 
to those certain dangerous cargo shipments for 
which a security zone is established. 
(d) DEFINITIONS.—For the purposes of this section, 
the follow definitions apply: 
(1) CERTAIN
DANGEROUS
CARGO.—The term 
‘‘certain dangerous cargo’’ means a material, or a 
group or class of material, in a particular amount 
and form that the Secretary, though the Com-
mandant, determines by regulation poses a signifi-
cant risk of creating a transportation security inci-
dent while being transported in maritime commerce. 
(2) AREA MARITIME SECURITY COMMITTEE.— 
The term ‘‘Area Maritime Security Committee’’ 
means each of those committees responsible for pro-
ducing Area Maritime Transportation Security Plans 
under chapter 701 of title 46, United States Code. 
(3) TRANSPORTATION
SECURITY
INCIDENT.— 
The term ‘‘transportation security incident’’ has the 
same meaning as that term has in section 70101 of 
title 46, United States Code. 
SEC. 710. COAST GUARD VESSELS AND AIRCRAFT. 
(a) AUTHORITY TO FIRE AT OR INTO A VESSEL.— 
Section 637(c) of title 14, United States Code, is amend-
ed— 
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(1) in paragraph (1), by striking ‘‘; or’’ and in-
serting a semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) any other vessel or aircraft on government 
noncommercial service when— 
‘‘(A) the vessel or aircraft is under the tac-
tical control of the Coast Guard; and 
‘‘(B) at least one member of the Coast 
Guard is assigned and conducting a Coast 
Guard mission on the vessel or aircraft.’’. 
(b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS 
AND PENNANTS.—Section 638(a) of title 14, United 
States Code, is amended by striking ‘‘Coast Guard vessels 
and aircraft’’ and inserting ‘‘Vessels and aircraft author-
ized by the Secretary’’. 
SEC. 711. LASER TRAINING SYSTEM. 
(a) IN GENERAL.—Within one year after the date of 
enactment of this Act, the Secretary shall test an inte-
grated laser engagement system for the training of mem-
bers of the Coast Guard assigned to small vessels in the 
use of individual weapons and machine guns on those ves-
sels. The test shall be conducted on vessels on the Great 
Lakes using similar laser equipment used by other Federal 
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235 
agencies. However, that equipment shall be adapted for 
use in the marine environment. 
(b) REPORT.—The Secretary shall submit a report to 
the Committee on Transportation and Infrastructure and 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate within 6 
months after the conclusions of the test required under 
subsection (a) on the costs and benefits of using the sys-
tem regionally and nationwide to train members of the 
Coast Guard in the use of individual weapons and machine 
guns. 
SEC. 712. COAST GUARD DETECTION CANINE TEAM PRO-
GRAM EXPANSION. 
(a) DEFINITIONS.—For purposes of this section: 
(1) CANINE DETECTION TEAM.—The term ‘‘de-
tection canine team’’ means a canine and a canine 
handler that are trained to detect narcotics or explo-
sives, 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 240 
days after the date of enactment of this Act, the 
Secretary shall— 
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(A) begin to increase the number of detec-
tion 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 2013; and 
(B) encourage owners and operators of 
port facilities, passenger cruise liners, ocean-
going 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— 
(A) procure detection canine teams as effi-
ciently as possible, including, to the greatest ex-
tent possible, through increased domestic breed-
ing, while meeting the performance needs and 
criteria established by the Commandant; 
(B) support expansion and upgrading of 
existing canine training facilities operated by 
the Department of Homeland Security; and 
(C) as appropriate, partner with other 
Federal, State, or local agencies, nonprofit or-
ganizations, universities, or the private sector to 
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increase the breeding and training capacity for 
Coast Guard canine detection teams. 
(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. 713. MARITIME BIOMETRIC IDENTIFICATION. 
(a) IN GENERAL.—Within one year after the date of 
the enactment of this Act, the Secretary of Homeland Se-
curity, acting through the Commandant of the Coast 
Guard, shall conduct, in the maritime environment, a pro-
gram for the mobile biometric identification of suspected 
individuals, including terrorists, to enhance border secu-
rity and for other purposes. 
(b) REQUIREMENTS.—The Secretary shall ensure the 
program required in this section is coordinated with other 
biometric identification programs within the Department 
of Homeland Security. 
(c) COST ANALYSIS.—Within 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committees on Appropriations and Homeland Secu-
rity of the House of Representatives and the Committees 
on Appropriations and Homeland Security and Govern-
mental Affairs of the Senate an analysis of the cost of 
expanding the Coast Guard’s biometric identification ca-
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pabilities for use by the Coast Guards Deployable Oper-
ations Group, cutters, stations, and other deployable mari-
time teams considered appropriate by the Secretary, and 
any other appropriate Department of Homeland Security 
maritime vessels and units. The analysis may include a 
tiered plan for the deployment of this program that gives 
priority to vessels and units more likely to encounter indi-
viduals suspected of making illegal border crossings 
through the maritime environment. 
(d) DEFINITION.—For the purposes of this section, 
the term ‘‘biometric identification’’ means use of finger-
print and digital photography images and facial and iris 
scan technology. 
(e) STUDY ON COMBINATION OF FACIAL AND IRIS 
RECOGNITION.— 
(1) STUDY
REQUIRED.—The Secretary of 
Homeland Security shall carry out a study on the 
use by the Coast Guard of the combination of facial 
and iris recognition to rapidly identify individuals 
for security purposes. Such study shall focus on— 
(A) increased accuracy of facial recogni-
tion; 
(B) enhancement of existing iris recogni-
tion technology; and 
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(C) establishment of integrated face and 
iris features for accurate identification of indi-
viduals. 
(2) PURPOSE OF STUDY.—The purpose of the 
study required by paragraph (1) is to facilitate the 
use of a combination of facial and iris recognition to 
provide a higher probability of success in identifica-
tion than either approach on its own and to achieve 
transformational advances in the flexibility, authen-
ticity, and overall capability of integrated biometric 
detectors and satisfy one of major issues with war 
against terrorists. The operational goal of the study 
should be to provide the capability to nonintrusively 
collect biometrics (face image, iris) in an accurate 
and expeditious manner to assist the Coast Guard in 
fulfilling its mission to protect and support national 
security. 
SEC. 714. REVIEW OF POTENTIAL THREATS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to the Committee on Homeland Security and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report ana-
lyzing the threat, vulnerability, and consequence of a ter-
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rorist attack on gasoline and chemical cargo shipments in 
port activity areas in the United States. 
SEC. 715. PORT SECURITY PILOT. 
The Secretary of Homeland Security shall establish 
a pilot program to test and deploy preventive radiological 
or nuclear detection equipment on Coast Guard vessels 
and other locations in select port regions to enhance bor-
der security and for other purposes. The pilot program 
shall leverage existing Federal grant funding to support 
this program and the procurement of additional equip-
ment. 
SEC. 716. SEASONAL WORKERS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on the effects that the Trans-
portation Worker Identification Credential (in this section 
referred to as ‘‘TWIC’’) required by section 70105 of title 
46, United States Code, has on companies that employ 
seasonal employees. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall 
submit a report to the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate on 
the results of the study, including— 
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(1) costs associated in requiring seasonal em-
ployees to obtain TWIC cards on companies; 
(2) whether the Coast Guard and Transpor-
tation Security Administration are processing TWIC 
applications quickly enough for seasonal workers to 
obtain TWIC certification; 
(3) whether TWIC compliance costs or other 
factors have led to a reduction in service; 
(4) the impact of TWIC on the recruiting and 
hiring of seasonal and other temporary employees; 
and 
(5) an assessment of possible alternatives to 
TWIC certification that may be used for seasonal 
employees including any security vulnerabilities cre-
ated by those alternatives. 
SEC. 717. PILOT PROGRAM FOR FINGERPRINTING OF MARI-
TIME WORKERS. 
(a) IN GENERAL.—Within 180 days after the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity shall establish procedures providing for an individual 
who is required to be fingerprinted for purposes of obtain-
ing a transportation security card under section 70105 of 
title 46, United States Code, to be fingerprinted at any 
facility operated by or under contract with an agency of 
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the Department of Homeland Security that fingerprints 
the public for the Department. 
(b) EXPIRATION.—This section expires on December 
31, 2012. 
SEC. 718. 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 ap-
proved under section 70103 of this title’’; and 
(2) in subparagraph (D), by inserting after 
‘‘tank vessel’’ the following: ‘‘allowed unescorted ac-
cess to a secure area designated in a vessel security 
plan approved under section 70103 of this title’’. 
SEC. 719. INTERNATIONAL LABOR STUDY. 
The Comptroller General of the United States shall 
conduct a study of methods to conduct a background secu-
rity investigation of an individual who possesses a biomet-
ric identification card that complies with International 
Labor Convention number 185 that are equivalent to the 
investigation conducted on individuals applying for a visa 
to enter the United States. The Comptroller General shall 
submit a report on the study within 180 days after the 
date of enactment of this Act to the Committee on Trans-
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portation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate. 
SEC. 720. MARITIME SECURITY ADVISORY COMMITTEES. 
Section 70112 of title 46, United States Code, is 
amended— 
(1) by amending subsection (b)(5) to read as 
follows: 
‘‘(5)(A) The National Maritime Security Advisory 
Committee shall be composed of— 
‘‘(i) at least 1 individual who represents the in-
terests of the port authorities; 
‘‘(ii) at least 1 individual who represents the in-
terests of the facilities owners or operators; 
‘‘(iii) at least 1 individual who represents the 
interests of the terminal owners or operators; 
‘‘(iv) at least 1 individual who represents the 
interests of the vessel owners or operators; 
‘‘(v) at least 1 individual who represents the in-
terests of the maritime labor organizations; 
‘‘(vi) at least 1 individual who represents the 
interests of the academic community; 
‘‘(vii) at least 1 individual who represents the 
interests of State or local governments; and 
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‘‘(viii) at least 1 individual who represents the 
interests of the maritime industry. 
‘‘(B) Each Area Maritime Security Advisory Com-
mittee shall be composed of individuals who represents the 
interests of the port industry, terminal operators, port 
labor organizations, and other users of the port areas.’’; 
and 
(2) in subsection (g)— 
(A) in paragraph (1)(A), by striking 
‘‘2008;’’ and inserting ‘‘2010;’’; 
(B) by repealing paragraph (2); 
(C) by striking ‘‘(1)’’; and 
(D) by redesignating subparagraphs (A) 
and (B) as paragraphs (1) and (2). 
SEC. 721. SEAMEN’S SHORESIDE ACCESS. 
Each facility security plan approved under section 
70103(c) of title 46, United States Code, shall provide a 
system for seamen assigned to a vessel at that facility, 
pilots, and representatives of seamen’s welfare and labor 
organizations to board and depart the vessel through the 
facility in a timely manner at no cost to the individual. 
SEC. 722. USE OF FORCE AGAINST PIRACY. 
(a) IN GENERAL.—Chapter 81 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
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‘‘§ 8107. Use of force against piracy 
‘‘A person who uses force at sea to defend a vessel 
against an act of piracy shall not be liable for monetary 
damages in any action brought with respect to harm 
caused by such use of force to anyone engaging in such 
act of piracy, unless the person using such force knew at 
the time that it was substantially in excess of what was 
reasonable in defending the vessel against such act of pi-
racy.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following new item: 
‘‘8107. Use of force against piracy.’’. 
SEC. 723. AGREEMENTS. 
To carry out the purpose of this title, the Secretary 
shall work through the International Maritime Organiza-
tion to establish agreements to promote coordinated action 
among flag- and port-states to deter, protect against, and 
rapidly respond to acts of piracy against the vessels of, 
and in the waters under the jurisdiction of, those nations, 
and to ensure limitations on liability similar to those es-
tablished by section 8107 of title 46, United States Code, 
as amended by this title. 
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SEC. 724. RISK-BASED CARGO SECURITY PROGRAM. 
(a) IN GENERAL.—Section 1701 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 
(Public Law 110–53) is amended by— 
(1) striking section 1701(b)(2); 
(2) 
striking 
‘‘under 
(2)(B)’’ 
in 
section 
1701(b)(3); and 
(3) striking ‘‘specified in paragraph (2)(A) or 
(2)(B)’’ in section 1701(b)(4). 
(b) RISK-BASED SCANNING.—The Secretary shall ex-
pand the Container Security Initiative program estab-
lished in section 205 of the SAFE Port Act (Public Law 
109–347) to not less than five additional foreign ports not 
later than December 31, 2012. 
Subtitle B—Alien Smuggling and 
Terrorism Prevention 
SEC. 731. SHORT TITLE. 
This subtitle may be cited as the ‘‘Alien Smuggling 
and Terrorism Prevention Act of 2010’’. 
SEC. 732. FINDINGS. 
The Congress makes the following findings: 
(1) Alien smuggling by land, air and sea is a 
transnational crime that violates the integrity of 
United States borders, compromises our Nation’s 
sovereignty, places the country at risk of terrorist 
activity, and contravenes the rule of law. 
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(2) Aggressive enforcement activity against 
alien smuggling is needed to protect our borders and 
ensure the security of our Nation. The border secu-
rity and anti-smuggling efforts of the men and 
women on the Nation’s front line of defense are to 
be commended. Special recognition is due the De-
partment of Homeland Security through the United 
States Border Patrol, Coast Guard, Customs and 
Border Protection, and Immigration and Customs 
Enforcement, and the Department of Justice 
through the Federal Bureau of Investigation. 
(3) The law enforcement community must be 
given the statutory tools necessary to address this 
security threat. Only through effective alien smug-
gling statutes can the Justice Department, through 
the United States Attorneys’ Offices and the Domes-
tic Security Section of the Criminal Division, pros-
ecute these cases successfully. 
(4) Alien smuggling has a destabilizing effect 
on border communities. State and local law enforce-
ment, medical personnel, social service providers, 
and the faith community play important roles in 
combating smuggling and responding to its effects. 
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(5) Existing penalties for alien smuggling are 
insufficient to provide appropriate punishment for 
alien smugglers. 
(6) Existing alien smuggling laws often fail to 
reach the conduct of alien smugglers, transporters, 
recruiters, guides, and boat captains. 
(7) Existing laws concerning failure to heave to 
are insufficient to appropriately punish boat opera-
tors and crew who engage in the reckless transpor-
tation of aliens on the high seas and seek to evade 
capture. 
(8) Much of the conduct in alien smuggling 
rings occurs outside of the United States. Extrater-
ritorial jurisdiction is needed to ensure that smug-
gling rings can be brought to justice for recruiting, 
sending, and facilitating the movement of those who 
seek to enter the United States without lawful au-
thority. 
(9) Alien smuggling can include unsafe or reck-
lessly dangerous conditions that expose individuals 
to particularly high risk of injury or death. 
SEC. 733. CHECKS AGAINST TERRORIST WATCHLIST. 
The Secretary of Homeland Security shall, to the ex-
tent practicable, check against all available terrorist 
watchlists those persons suspected of alien smuggling and 
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smuggled individuals who are interdicted at the land, air, 
and sea borders of the United States. 
SEC. 734. STRENGTHENING PROSECUTION AND PUNISH-
MENT OF ALIEN SMUGGLERS. 
Section 274(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324(a)) is amended— 
(1) by amending the subsection heading to read 
as follows: ‘‘BRINGING IN, HARBORING, AND SMUG-
GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 
and 
(2) by amending paragraphs (1) through (2) to 
read as follows: 
‘‘(1)(A) Whoever, knowing or in reckless disregard of 
the fact that an individual is an alien who lacks lawful 
authority to come to, enter, or reside in the United States, 
knowingly— 
‘‘(i) brings that individual to the United States 
in any manner whatsoever regardless of any future 
official action which may be taken with respect to 
such individual; 
‘‘(ii) recruits, encourages, or induces that indi-
vidual to come to, enter, or reside in the United 
States; 
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‘‘(iii) transports or moves that individual in the 
United States, in furtherance of their unlawful pres-
ence; or 
‘‘(iv) harbors, conceals, or shields from detec-
tion the individual in any place in the United States, 
including any building or any means of transpor-
tation; 
or attempts or conspires to do so, shall be punished as 
provided in subparagraph (C). 
‘‘(B) Whoever, knowing that an individual is an alien, 
brings that individual to the United States in any manner 
whatsoever at a place, other than a designated port of 
entry or place designated by the Secretary of Homeland 
Security, regardless of whether such individual has re-
ceived prior official authorization to come to, enter, or re-
side in the United States and regardless of any future offi-
cial action which may be taken with respect to such indi-
vidual, or attempts or conspires to do so, shall be punished 
as provided in subparagraph (C). 
‘‘(C) Whoever commits an offense under this para-
graph shall, for each individual in respect to whom such 
a violation occurs— 
‘‘(i) if the offense results in the death of any 
person, be fined under title 18, United States Code, 
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and subject to the penalty of death or imprisonment 
for any term of years or for life; 
‘‘(ii) if the offense involves kidnaping, an at-
tempt to kidnap, the conduct required for aggra-
vated sexual abuse (as defined in section 2241 of 
title 18, United States Code, without regard to 
where it takes place), or an attempt to commit such 
abuse, or an attempt to kill, be fined under title 18, 
United States Code, or imprisoned for any term of 
years or life, or both; 
‘‘(iii) if the offense involves an individual who 
the defendant knew was engaged in or intended to 
engage in terrorist activity (as defined in section 
212(a)(3)(B)), be fined under title 18, United States 
Code, or imprisoned not more than 30 years, or 
both; 
‘‘(iv) if the offense results in serious bodily in-
jury (as defined in section 1365 of title 18, United 
States Code) or places in jeopardy the life of any 
person, be fined under title 18, United States Code, 
or imprisoned not more than 20 years, or both; 
‘‘(v) if the offense is a violation of paragraph 
(1)(A)(i) and was committed for the purpose of prof-
it, commercial advantage, or private financial gain, 
or if the offense was committed with the intent or 
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reason to believe that the individual unlawfully 
brought into the United States will commit an of-
fense against the United States or any State that is 
punishable by imprisonment for more than 1 year, 
be fined under title 18, United States Code, and im-
prisoned, in the case of a first or second violation, 
not less than 3 nor more than 10 years, and for any 
other violation, not less than 5 nor more than 15 
years; 
‘‘(vi) if the offense is a violation of paragraph 
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 
was committed for the purpose of profit, commercial 
advantage, or private financial gain, be fined under 
title 18, United States Code, or imprisoned not more 
than 10 years, or both; 
‘‘(vii) if the offense involves the transit of the 
defendant’s spouse, child, sibling, parent, grand-
parent, or niece or nephew, and the offense is not 
described in any of clauses (i) through (vi), be fined 
under title 18, United States Code, or imprisoned 
not more than 1 year, or both; and 
‘‘(viii) in any other case, be fined under title 
18, United States Code, or imprisoned not more 
than 5 years, or both. 
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‘‘(2)(A) There is extraterritorial jurisdiction over the 
offenses described in paragraph (1). 
‘‘(B) In a prosecution for a violation of, or an attempt 
or 
conspiracy 
to 
violate, 
subsection 
(a)(1)(A)(i), 
(a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, 
no defense based on necessity can be raised unless the de-
fendant— 
‘‘(i) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity, and 
if a rescue is claimed, the name, description, registry 
number, and location of the vessel engaging in the 
rescue; and 
‘‘(ii) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien 
into the land territory of the United States without 
lawful authority, unless exigent circumstances ex-
isted that placed the life of that alien in danger, in 
which case the reporting requirement set forth in 
clause (i) is satisfied by notifying the Coast Guard 
as soon as practicable after delivering the alien to 
emergency medical or law enforcement personnel 
ashore. 
‘‘(C) It is not a violation of, or an attempt or con-
spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 
or paragraph (1)(A)(ii) (except if a person recruits, en-
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courages, or induces an alien to come to or enter the 
United States), for a religious denomination having a bona 
fide nonprofit, religious organization in the United States, 
or the agents or officer of such denomination or organiza-
tion, to encourage, invite, call, allow, or enable an alien 
who is present in the United States to perform the voca-
tion of a minister or missionary for the denomination or 
organization in the United States as a volunteer who is 
not compensated as an employee, notwithstanding the pro-
vision of room, board, travel, medical assistance, and other 
basic living expenses, provided the minister or missionary 
has been a member of the denomination for at least one 
year. 
‘‘(D) For purposes of this paragraph and paragraph 
(1)— 
‘‘(i) the term ‘United States’ means the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, and any other territory 
or possession of the United States; and 
‘‘(ii) the term ‘lawful authority’ means permis-
sion, authorization, or waiver that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed under those 
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laws and does not include any such authority se-
cured by fraud or otherwise obtained in violation of 
law or authority that has been sought but not ap-
proved.’’. 
SEC. 735. MARITIME LAW ENFORCEMENT. 
(a) PENALTIES.—Subsection (b) of section 2237 of 
title 18, United States Code, is amended to read as fol-
lows: 
‘‘(b) Whoever intentionally violates this section 
shall— 
‘‘(1) if the offense results in death or involves 
kidnaping, an attempt to kidnap, the conduct re-
quired for aggravated sexual abuse (as defined in 
section 2241 without regard to where it takes place), 
or an attempt to commit such abuse, or an attempt 
to kill, be fined under such title or imprisoned for 
any term of years or life, or both; 
‘‘(2) if the offense results in serious bodily in-
jury (as defined in section 1365 of this title) or 
transportation under inhumane conditions, be fined 
under this title, imprisoned not more than 15 years, 
or both; 
‘‘(3) if the offense is committed in the course 
of a violation of section 274 of the Immigration and 
Nationality Act (alien smuggling); chapter 77 (peon-
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age, slavery, and trafficking in persons), section 111 
(shipping), 111A (interference with vessels), 113 
(stolen property), or 117 (transportation for illegal 
sexual activity) of this title; chapter 705 (maritime 
drug law enforcement) of title 46, or title II of the 
Act of June 15, 1917 (Chapter 30; 40 Stat. 220), 
be fined under this title or imprisoned for not more 
than 10 years, or both; and 
‘‘(4) in any other case, be fined under this title 
or imprisoned for not more than 5 years, or both.’’. 
(b) LIMITATION ON NECESSITY DEFENSE.—Section 
2237(c) of title 18, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following: 
‘‘(2) In a prosecution for a violation of this section, 
no defense based on necessity can be raised unless the de-
fendant— 
‘‘(A) as soon as practicable upon reaching 
shore, delivered the person with respect to which the 
necessity arose to emergency medical or law enforce-
ment personnel; 
‘‘(B) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity re-
sulting giving rise to the defense; and 
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‘‘(C) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien, 
as that term is defined in section 101(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1101 
(a)(3)), into the land territory of the United States 
without lawful authority, unless exigent circum-
stances existed that placed the life of that alien in 
danger, in which case the reporting requirement of 
subparagraph (B) is satisfied by notifying the Coast 
Guard as soon as practicable after delivering that 
person to emergency medical or law enforcement 
personnel ashore.’’. 
(c) DEFINITION.—Section 2237(e) of title 18, United 
States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) the term ‘transportation under inhumane 
conditions’ means the transportation of persons in 
an engine compartment, storage compartment, or 
other confined space, transportation at an excessive 
speed, transportation of a number of persons in ex-
cess of the rated capacity of the means of transpor-
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tation, or intentionally grounding a vessel in which 
persons are being transported.’’. 
SEC. 736. AMENDMENT TO THE SENTENCING GUIDELINES. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994 of title 28, United States Code, and in accord-
ance with this section, the United States Sentencing Com-
mission shall review and, if appropriate, amend the sen-
tencing guidelines and policy statements applicable to per-
sons convicted of alien smuggling offenses and criminal 
failure to heave to or obstruction of boarding. 
(b) CONSIDERATIONS.—In carrying out this section, 
the Sentencing Commission, shall— 
(1) consider providing sentencing enhancements 
or stiffening existing enhancements for those con-
victed of offenses described in subsection (a) that— 
(A) involve a pattern of continued and fla-
grant violations; 
(B) are part of an ongoing commercial or-
ganization or enterprise; 
(C) involve aliens who were transported in 
groups of 10 or more; 
(D) involve the transportation or abandon-
ment of aliens in a manner that endangered 
their lives; or 
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(E) involve the facilitation of terrorist ac-
tivity; and 
(2) consider cross-references to the guidelines 
for Criminal Sexual Abuse and Attempted Murder. 
(c) EXPEDITED
PROCEDURES.—The Commission 
may promulgate the guidelines or amendments under this 
section in accordance with the procedures set forth in sec-
tion 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired. 
TITLE 
VIII—INFRASTRUCTURE 
PROTECTION AND CYBERSE-
CURITY 
Subtitle A—Federal Protective 
Service 
SEC. 801. AUTHORIZATION OF APPROPRIATIONS FOR FED-
ERAL PROTECTIVE SERVICE. 
(a) IN GENERAL.—Of the amount authorized in sec-
tion 201, there is authorized to be appropriated to the Di-
rector of the Federal Protective Service $246,000,000 for 
fiscal year 2011 to carry out Federal Protective Service 
counterterrorism functions, including— 
(1) law enforcement on federally controlled 
property; 
(2) incident investigations; 
(3) suspect capture and detention; 
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(4) 24-hour security alarm monitoring; 
(5) nationwide dispatch services; 
(6) facility security assessments; and 
(7) terrorism prevention. 
(b) SUFFICIENT FUNDING TO EFFECTIVELY DOU-
BLE THE SIZE OF THE FEDERAL PROTECTIVE SERVICE 
INSPECTOR FORCE.—In addition to amounts authorized 
under subsection (a), the Federal Protective Service is au-
thorized 1,200 full-time equivalent positions in the Fed-
eral Protective Service inspector force that monitor per-
formance of security personnel services procured by con-
tract. 
SEC. 802. FEDERAL PROTECTIVE SERVICE AUTHORITY TO 
CARRY OUT BASIC SECURITY FUNCTIONS. 
(a) IN GENERAL.—Section 1315(a) of title 40, 
United States Code, is amended by— 
(1) striking ‘‘(a) IN GENERAL.—’’ and insert-
ing the following: 
‘‘(a) IN GENERAL.— 
‘‘(1) PROTECTION OF FEDERAL PROPERTY.—’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) AUTHORITY OVER GSA PROPERTIES.—The 
Secretary, acting through the Federal Protective 
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Service, shall have the lead authority in the execu-
tive branch to carry out counterterrorism functions 
on Federal property managed by the General Serv-
ices Administration (including property leased by the 
General Services Administration), including— 
‘‘(A) law enforcement on federally con-
trolled property; 
‘‘(B) incident investigations; 
‘‘(C) suspect capture and detention; 
‘‘(D) 24-hour security alarm monitoring; 
‘‘(E) nationwide dispatch services; 
‘‘(F) facility security assessments; and 
‘‘(G) terrorism prevention. 
‘‘(3) AGREEMENTS
WITH
OTHER
LAW
EN-
FORCEMENT
AUTHORITIES.—Nothing in this sub-
section shall preempt the Federal Protective Service 
from entering into agreements with other Federal, 
State, or local law enforcement authorities to provide 
security or respond to incidents on property that is 
under the jurisdiction and control of the Adminis-
trator of General Services.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1315(g) of title 40, United States 
Code, is amended by striking ‘‘Nothing’’ and insert-
ing ‘‘Subject to subsection (a)(2), nothing’’. 
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(2) Section 1706(b)(2) of the Homeland Secu-
rity Act of 2002 (40 U.S.C. 1315 note) is amended 
by striking ‘‘The Secretary’’ and inserting ‘‘Subject 
to subsection (a)(2), the Secretary’’. 
SEC. 803. STRATEGIC PLAN REQUIREMENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall submit to Congress a 5-year budget outlook 
and strategic plan for the Federal Protective Service that 
includes the following: 
(1) Estimates of staffing and associated costs 
the Federal Protective Service requires in order to 
provide basic security functions. 
(2) Estimates of staffing and associated costs 
the Federal Protective Service requires in order to 
assess the need for and, as appropriate, provide 
building specific security countermeasures. 
(3) Estimates of staffing and associated costs 
the Federal Protective Service requires for reimburs-
able agency-specific security work authorization 
functions. 
(4) Reviews of the performance of contractor- 
provided security guards that assesses both quality 
and cost of individual private contract guard compa-
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nies performing Federal Protective Service guard 
functions under contract. 
(b) UPDATES.—The Secretary shall include an an-
nual update of such plan with the President’s annual 
budget submission to the Congress. 
SEC. 804. FACILITY SECURITY RISK ASSESSMENTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Director of Federal Protective 
Service, shall— 
(1) conduct facility security assessments in con-
sultation with the facility security committee estab-
lished for a facility; 
(2) prepare a report on each assessment, in-
cluding 
recommendations 
of 
countermeasures 
against a terrorist attack to ensure the security of 
the facility concerned; and 
(3) give the facility security committee estab-
lished for such a facility a 60-day period to review 
and comment on each report. 
(b) SELECTION OF RECOMMENDATIONS FOR IMPLE-
MENTATION.— 
(1) SELECTION BY GSA.—Upon the completion 
of the period for review and comment under sub-
section (a)(3)— 
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(A) the Director shall submit the assess-
ment report to the Administrator of General 
Services; and 
(B) the Administrator may select for im-
plementation any of the recommendations of 
countermeasures in the report for implementa-
tion. 
(2) NOTIFICATION OF NONSELECTION.—If the 
Administrator determines that any of the rec-
ommendations of countermeasures in a report sub-
mitted under paragraph (1) should not be imple-
mented for a facility, the Administrator shall notify 
the head of each Federal agency in the facility and 
the facility security committee for the facility that 
the recommendation will not be implemented, includ-
ing the reasons why. 
(3) SELECTION
BY
FACILITY
SECURITY
COM-
MITTEE.—If a facility security committee receives 
notice under paragraph (2) regarding any rec-
ommendations, it may select any of the rec-
ommendations for implementation. 
(c) REIMBURSEMENT.—If any of the recommenda-
tions in a report submitted under subsection (a) is selected 
by the Administrator or a facility security committee 
under subsection (c) for implementation— 
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(1) the Director shall implement the rec-
ommendation; 
(2) the Administrator shall allocate to the Fed-
eral agencies in that facility the costs incurred by 
the Federal Protective Service for such implementa-
tion; and 
(3) each such agency shall reimburse the Fed-
eral Protective Service for the costs allocated to the 
agency by the Administrator. 
(d) ANNUAL REPORT.—The Director shall submit an 
annual report to Congress on the disposition of rec-
ommendations included in reports under this section that 
the Administrator did not select for implementation. 
(e) FACILITY SECURITY COMMITTEE DEFINED.—In 
this section the term ‘‘facility security committee’’ means 
a facility security committee established pursuant to the 
report entitled ‘‘Vulnerability Assessment of Federal Fa-
cilities’’, issued by the Interagency Security Committee es-
tablished by Executive Order 12977. 
SEC. 805. CONTRACT GUARD STAFF. 
(a) MINIMUM STANDARDS FOR TRAINING AND AN-
NUAL RECERTIFICATION.—The Secretary of Homeland 
Security shall develop minimum standards for training 
and annual recertification for the Federal Protective Serv-
ice’s contract guards including— 
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(1) minimum fitness standards; 
(2) annual recertification on access control poli-
cies and control equipment, including x-ray and 
magnetometer training; 
(3) training in arrest and control procedures; 
(4) training in operation of emergency equip-
ment; 
(5) basic first aid and CPR training and certifi-
cation; 
(6) weapons training, as applicable; and 
(7) behavior detection training. 
(b) PILOT PROGRAM.— 
(1) IN GENERAL.—Within 1 year after the date 
of enactment of this Act, the Director shall establish 
a 3-year pilot program in not less than 3 level IV 
facilities to test and evaluate— 
(A) to what extent efficiencies exist in hav-
ing a federalized guard staff; and 
(B) to what extent such a federalized 
guard staff provides a measurable improvement 
in facility or personnel security. 
(2) REPORT.—Not later than 120 days before 
the commencement of the program, the Director 
shall report to Congress regarding what performance 
metrics will be considered in measuring improvement 
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in efficiencies and security provided by such a fed-
eralized guard staff. 
(3) MONITORING
BY
GAO.—The Comptroller 
General of the United States— 
(A) shall monitor and review the conduct 
of the pilot program; and 
(B) shall submit to Congress and the Sec-
retary of Homeland Security an interim report 
6 months after the commencement of the pilot 
program, and a final report within 120 days 
after the conclusion of the pilot program, that 
each addresses whether— 
(i) the Secretary has established suffi-
cient mechanisms to determine whether the 
pilot program provides efficiencies in pro-
tecting Federal facilities; 
(ii) the pilot program consists of an 
adequate sample of level IV facilities; and 
(iii) there are cost savings and secu-
rity enhancements realized by having a 
federalized guard force. 
SEC. 806. SITE INSPECTIONS. 
(a) RIGHT OF ENTRY.—For purposes of carrying out 
this Act, the Secretary of Homeland Security shall have, 
on presentation of credentials, a right of entry to, on, or 
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through any property for which security is provided by the 
Federal Protective Service. 
(b) INSPECTIONS AND VERIFICATIONS.— 
(1) IN GENERAL.—The Secretary shall, at such 
time and place as the Secretary determines to be 
reasonable and appropriate, conduct security inspec-
tions and verifications for property for which secu-
rity is provided by the Federal Protective Service. 
(2) UNANNOUNCED INSPECTIONS.—In addition 
to any inspection conducted pursuant to paragraph 
(1), the Secretary shall require such properties to 
undergo unannounced security inspections. The in-
spections required under this paragraph shall be— 
(A) conducted without prior notice to the 
facility; 
(B) designed to evaluate undergoing in-
spection— 
(i) the ability of the Federal Protec-
tive Service security and contract guards 
to prevent an incident that applicable secu-
rity performance standards are intended to 
prevent; 
(ii) the ability of the Federal Protec-
tive Service security and contract guards 
to protect against terrorist threats that are 
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required to be addressed by applicable per-
formance standards; and 
(iii) any weaknesses in the security 
plan of the facility; 
(C) conducted so as not to affect the ac-
tual security, physical integrity, or safety of the 
property or its employees while the inspection is 
conducted; and 
(D) conducted at least— 
(i) every year in the case of a level IV 
facility; 
(ii) every 2 years in the case of a level 
III facility; 
(iii) every 3 years in the case of a 
level II facility; and 
(iv) every four years in the case of a 
level I facility. 
(c) REPORT.—The Secretary shall report annually 
with the President’s budget submission to Congress on 
covert testing strategy and results of unannounced inspec-
tions under this section. 
SEC. 807. PROMOTION OF FEDERAL PROTECTIVE SERVICE 
TECHNOLOGY AND TRAINING. 
(a) IN GENERAL.—Within 6 months of the date of 
enactment of this Act, the Director of the Federal Protec-
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270 
tive Service, in consultation with the Assistant Secretary, 
Transportation Security Administration, shall publish— 
(1) a list of qualified vendors and a list of 
qualified products that would promote common 
standards of deployment of personnel and tech-
nology; 
(2) standards for training personnel, among all 
Federal Protective Service protected properties; and 
(3) best practices for utilizing items on the 
qualified products list so they are utilized in the 
most effective manner, including a process to best 
utilize existing products currently deployed. 
(b) REQUIREMENT TO USE LISTS.— 
(1) IN GENERAL.—Following the publication of 
the qualified vendors list and the qualified products 
list under subsection (a), the Federal Protective 
Service may not enter into any contractual arrange-
ment for services or products covered by such lists— 
(A) with any person that is not included on 
the qualified vendors list; 
(B) for procurement of any product that is 
not included on the qualified products list; or 
(C) under which a subcontract may be 
awarded to a person that is not included on the 
qualified vendors list. 
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(2) LIMITATION ON APPLICATION.— 
(A) IN GENERAL.—Paragraph (1) shall not 
apply to any contract the Director of the Fed-
eral Protective Service determines to be nec-
essary to carry out the security missions of the 
Federal Protective Service. 
(B) NOTIFICATION
TO
CONGRESS.—The 
Director shall notify the Committee on Home-
land Security of the House of Representatives 
and the Committee on Homeland Security and 
Governmental Affairs of the Senate in writing 
within 30 days after entering any contract 
under this paragraph, setting forth the deter-
mination under subparagraph (A) and the basis 
for that determination. 
(c) COOPERATIVE AGREEMENT.—Within 6 months 
after the date of enactment of this Act, the Secretary of 
Homeland Security shall require the Assistant Secretary, 
Transportation Security Administration, the Under Sec-
retary for Science and Technology, and the Under Sec-
retary for National Protection and Programs to enter into 
a memorandum of understanding, or similar cooperative 
agreement, pursuant to which the Transportation Security 
Laboratory will provide the Federal Protective Service 
with expertise, consultation, exchange of information, and 
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testing for technology covered by the qualified vendors list 
and the qualified products list required by this section. 
SEC. 808. PROHIBITED ITEMS LIST. 
(a) IN GENERAL.—Not later than the end of the 180- 
day period beginning on the date of enactment of this Act, 
the Secretary of Homeland Security, acting through the 
Under Secretary of the National Protection and Programs 
Directorate and in consultation with the Administrator of 
General Services, shall issue and implement a list of items, 
including component parts, that are prohibited from being 
brought into facilities protected by the Federal Protective 
Service, unless specifically authorized on a case-by-case 
basis by the Secretary or the Secretary’s designee. 
(b) ADDITIONAL ITEMS.—Nothing in this section 
prohibits a facility security committee from prohibiting 
items that are not included on such list from being 
brought into the facility of that committee. 
(c) FAILURE TO ISSUE LIST.—If the Secretary of 
Homeland Security fails to implement a prohibited items 
list in accordance with subsection (a), then the prohibited 
items list established by the Transportation Security Ad-
ministration for civilian aviation shall apply for facilities 
protected by the Federal Protective Service— 
(1) effective upon expiration of the period re-
ferred to in subsection (a); and 
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(2) until such time as the Secretary, acting 
through the Under Secretary of the National Protec-
tion and Programs Directorate, issues a prohibited 
items list described in subsection (a). 
(d) FACILITY SECURITY COMMITTEE DEFINED.—In 
this section the term ‘‘facility security committee’’ means 
a facility security committee established pursuant to the 
report entitled ‘‘Vulnerability Assessment of Federal Fa-
cilities’’, issued by the Interagency Security Committee es-
tablished by Executive Order 12977. 
SEC. 809. REPORT REQUIREMENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall submit 
to Congress the following: 
(1) A strategy for more effectively managing 
the contract guard program of the Federal Protec-
tive Service that ensures there is adequate oversight 
and monitoring of training for such program. 
(2) A status report on the implementation of 
the RAMP program, including an estimated date by 
which it will be fully operational. 
(3) Estimates of the additional manpower, re-
sources, and funding the Federal Protective Service 
would need in order to provide security for high-pro-
file terror trials in multiple or varying locations. 
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(4) A status report on the implementation of 
the CADIS program, including an estimated date by 
which it will be fully operational. 
(5) A coordinated strategy for cooperation be-
tween the Under Secretary of the National Protec-
tion and Programs Directorate and the Under Sec-
retary for Science and Technology regarding re-
search, development, and deployment of security 
technology conducted by the Transportation Security 
Laboratory. 
(b) DEFINITIONS.—In this section: 
(1) CADIS PROGRAM.—The term ‘‘CADIS pro-
gram’’ means the Computer Aided Dispatch Infor-
mation System of the Federal Protective Service. 
(2) RAMP PROGRAM.—The term ‘‘RAMP pro-
gram’’ means the Risk Assessment and Management 
Program of the Federal Protective Service. 
Subtitle B—Chemical Facility 
Security 
SEC. 
811. 
EXTENSION 
OF 
CHEMICAL 
FACILITIES 
ANTITERRORISM SECURITY PROGRAM. 
(a) IN GENERAL.—Section 550(b) of the Department 
of Homeland Security Appropriations Act, 2007 (6 U.S.C. 
121 note) is amended by striking ‘‘October 4, 2010’’ and 
inserting ‘‘October 4, 2015’’. 
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(b) CHEMICAL
FACILITY
SECURITY
ENHANCE-
MENTS.— 
(1) IN GENERAL.—The Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) is amended by add-
ing at the end the following: 
‘‘TITLE XXI—CHEMICAL 
FACILITY SECURITY 
‘‘SEC. 2101. CHEMICAL SECURITY TRAINING PROGRAM. 
‘‘(a) ESTABLISHMENT.—Acting through the Admin-
istrator of the Federal Emergency Management Agency 
and in coordination with the Under Secretary for National 
Protection and Programs, the Secretary shall establish a 
voluntary chemical security training program (referred to 
in this section as the ‘training program’) for the purpose 
of enhancing the capabilities of high-risk chemical facili-
ties to prevent, prepare for, respond to, mitigate against, 
and recover from threatened or actual acts of terrorism, 
natural disasters, and other man-made disasters. 
‘‘(b) REQUIREMENTS.—The training program shall 
provide validated voluntary training that— 
‘‘(1) reaches multiple disciplines, including Fed-
eral, State, and local government officials, commer-
cial personnel and management, and governmental 
and nongovernmental emergency response providers; 
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‘‘(2) provides training at the awareness, per-
formance, and management and planning levels; 
‘‘(3) uses multiple training mediums and meth-
ods; 
‘‘(4) is coordinated with training provided by 
government training facilities, academic institutions, 
private organizations, and other entities that provide 
specialized, state-of-the-art training for govern-
mental and nongovernmental emergency responder 
providers or commercial personnel and management; 
‘‘(5) uses, as appropriate, government training 
facilities, courses provided by community colleges, 
public safety academies, State and private univer-
sities, and other facilities; 
‘‘(6) is consistent with, and supports implemen-
tation of, the National Incident Management Sys-
tem, the National Response Framework, the Na-
tional Infrastructure Protection Plan, the National 
Preparedness Guidelines, the National Preparedness 
Goal, the National Maritime Transportation Security 
Plan, and other such national initiatives, and any 
successors thereto; 
‘‘(7) is evaluated against clear and consistent 
performance measures; 
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‘‘(8) addresses security requirements under 
chemical facility security plans; and 
‘‘(9) educates, trains, and involves individuals 
in neighborhoods around chemical facilities on how 
to observe and report security risks. 
‘‘SEC. 2102. CHEMICAL SECURITY EXERCISE PROGRAM. 
‘‘(a) IN GENERAL.—Acting through the Adminis-
trator of the Federal Emergency Management Agency and 
in coordination with Under Secretary for National Protec-
tion and Programs, the Secretary shall develop a voluntary 
chemical security exercise program (referred to in this sec-
tion as the ‘exercise program’) for the purpose of offering 
voluntary testing and evaluation of the capabilities of the 
Federal Government, State governments, commercial per-
sonnel and management, governmental and nongovern-
mental emergency response providers, the private sector, 
or any other organization or entity, as the Secretary deter-
mines to be appropriate, to prevent, prepare for, mitigate 
against, respond to, and recover from acts of terrorism, 
natural disasters, and other emergencies at chemical facili-
ties. 
‘‘(b) REQUIREMENTS.—Under the exercise program, 
the Secretary shall conduct, on a periodic basis, voluntary 
joint security exercises at chemical facilities that are— 
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‘‘(1) scaled and tailored to the needs of each 
chemical facility; 
‘‘(2) for the highest risk chemical facilities, as 
determined by the Secretary, live training exercises; 
‘‘(3) as realistic as practicable and based on 
current risk assessments, including credible threats, 
vulnerabilities, and consequences; 
‘‘(4) consistent with the National Incident Man-
agement System, the National Response Framework, 
the National Infrastructure Protection Plan, the Na-
tional Preparedness Guidelines, the National Pre-
paredness Goal, the National Maritime Transpor-
tation Security Plan, and other such national initia-
tives, and any successors thereto; 
‘‘(5) evaluated against clear and consistent per-
formance measures; 
‘‘(6) assessed to learn best practices, which 
shall be shared with appropriate Federal, State, and 
local officials, commercial personnel and manage-
ment, governmental and nongovernmental emergency 
response providers, and the private sector; 
‘‘(7) followed by remedial action in response to 
lessons learned; and 
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‘‘(8) designed to assist State and local govern-
ments and chemical facilities in designing, imple-
menting, and evaluating exercises that— 
‘‘(A) conform to the requirements of this 
paragraph; and 
‘‘(B) are consistent with any applicable 
Buffer Zone Protection Plan, State homeland 
security plan, or urban area homeland security 
plan. 
‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to carry out this 
title.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by inserting 
after the item relating to section 2022 the following: 
‘‘TITLE XXI—CHEMICAL FACILITY SECURITY 
‘‘Sec. 2101. Chemical security training program. 
‘‘Sec. 2102. Chemical security exercise program. 
‘‘Sec. 2103. Authorization of appropriations.’’. 
Subtitle C—Office for Bombing 
Prevention 
SEC. 821. BOMBING PREVENTION. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend-
ed by adding at the end the following new section: 
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(C) the performance metrics that can best 
help assess whether the Metropolitan Medical 
Response System Program is succeeding; 
(D) how the Metropolitan Medical Re-
sponse System Program can be improved; 
(E) how the Metropolitan Medical Re-
sponse System Program complements and en-
hances other preparedness programs supported 
by the Department of Homeland Security and 
the Department of Health and Human Services; 
(F) the degree to which the strategic goals, 
objectives, and capabilities of the Metropolitan 
Medical Response System Program are incor-
porated in State and local homeland security 
plans; 
(G) how eligibility for financial assistance, 
and the allocation of financial assistance, under 
the Metropolitan Medical Response System Pro-
gram should be determined, including how allo-
cation of assistance could be based on risk; 
(H) whether the Metropolitan Medical Re-
sponse System Program would be more effective 
if it were managed as a contractual agreement; 
and 
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