H. R. 3619—89 
‘‘(B) may not provide such assistance unless the port 
or facility has been subjected to a comprehensive port secu-
rity assessment by the Coast Guard; and 
‘‘(C) may only lend, lease, or otherwise provide equip-
ment that the Secretary has first determined is not 
required by the Coast Guard for the performance of its 
missions.’’. 
(c) SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.— 
(1) IN GENERAL.—Section 70110(e)(1) of title 46, United 
States Code, is amended by striking the second sentence and 
inserting the following: ‘‘The Secretary shall establish a stra-
tegic plan to utilize those assistance programs to assist ports 
and facilities that are found by the Secretary under subsection 
(a) not to maintain effective antiterrorism measures in the 
implementation of port security antiterrorism measures.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 70110 of title 46, United States Code, is 
amended— 
(i) by inserting ‘‘OR FACILITIES’’ after ‘‘PORTS’’ in 
the section heading; 
(ii) by inserting ‘‘or facility’’ after ‘‘port’’ each place 
it appears; and 
(iii) by striking ‘‘PORTS’’ in the heading for sub-
section (e) and inserting ‘‘PORTS, FACILITIES,’’. 
(B) Section 70108(c) of such title is amended— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively. 
(C) The table of contents for chapter 701 of title 46, 
United States Code, is amended by striking the item 
relating to section 70110 and inserting the following: 
‘‘70110. Actions and assistance for foreign ports or facilities and United States terri-
tories.’’. 
SEC. 807. MARITIME BIOMETRIC IDENTIFICATION. 
(a) IN GENERAL.—Chapter 701 of title 46, United States Code, 
is further amended by adding at the end the following: 
‘‘§ 70123. Mobile biometric identification 
‘‘(a) IN GENERAL.—Within one year after the date of the enact-
ment of the Coast Guard Authorization Act of 2010, the Secretary 
shall conduct, in the maritime environment, a program for the 
mobile biometric identification of suspected individuals, including 
terrorists, to enhance border security and for other purposes. 
‘‘(b) REQUIREMENTS.—The Secretary shall ensure the program 
required in this section is coordinated with other biometric identi-
fication programs within the Department of Homeland Security. 
‘‘(c) DEFINITION.—For the purposes of this section, the term 
‘biometric identification’ means use of fingerprint and digital photog-
raphy images and facial and iris scan technology and any other 
technology considered applicable by the Department of Homeland 
Security.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following: 
‘‘70123. Mobile biometric identification.’’.
H. R. 3619—90 
(c) COST ANALYSIS.—Within 90 days after the date of the enact-
ment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit to the Committees on Home-
land Security and Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an analysis of the cost of expanding 
the Coast Guard’s biometric identification capabilities for use by 
the Coast Guard’s Deployable Operations Group, cutters, stations, 
and other deployable maritime teams considered appropriate by 
the Secretary, and any other appropriate Department of Homeland 
Security maritime vessels and units. The analysis may include 
a tiered plan for the deployment of this program that gives priority 
to vessels and units more likely to encounter individuals suspected 
of making illegal border crossings through the maritime environ-
ment. 
(d) STUDY ON EMERGING BIOMETRIC CAPABILITIES.— 
(1) STUDY REQUIRED.—The Secretary of Homeland Security 
shall submit to the Committees on Homeland Security and 
Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transpor-
tation of the Senate a study on the use by the Coast Guard 
and other departmental entities of the combination of biometric 
technologies to rapidly identify individuals for security pur-
poses. Such study shall focus on— 
(A) increased accuracy of facial recognition; 
(B) enhancement of existing iris recognition technology; 
and 
(C) other emerging biometric technologies capable of 
assisting in confirming the identification of individuals. 
(2) PURPOSE OF STUDY.—The purpose of the study required 
by paragraph (1) is to facilitate the use of a combination bio-
metrics, including facial and iris recognition, to provide a higher 
probability of success in identification than a single approach 
and to achieve transformational advances in the flexibility, 
authenticity, and overall capability of integrated biometric 
detectors. The operational goal of the study should be to provide 
the capability to nonintrusively collect biometrics in an accurate 
and expeditious manner to assist the Coast Guard and the 
Department of Homeland Security in fulfilling its mission to 
protect and support national security. 
SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME 
WORKERS. 
(a) IN GENERAL.—Within 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall establish 
procedures providing for an individual who is required to be 
fingerprinted for purposes of obtaining a transportation security 
card under section 70105 of title 46, United States Code, the ability 
to be fingerprinted at any of not less than 20 facilities operated 
by or under contract with an agency of the Department of Homeland 
Security that fingerprints the public for the Department. These 
facilities shall be in addition to facilities established under section 
70105 of title 46, United States Code. 
(b) EXPIRATION.—The requirement made by subsection (a) 
expires 1 year after the date the Secretary establishes the facilities 
required under that subsection.
H. R. 3619—91 
SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS. 
Section 70105(b)(2) of title 46, United States Code, is 
amended— 
(1) in subparagraph (B), by inserting after ‘‘title’’ the fol-
lowing: ‘‘allowed unescorted access to a secure area designated 
in a vessel security plan approved under section 70103 of this 
title’’; and 
(2) in subparagraph (D), by inserting after ‘‘tank vessel’’ 
the following: ‘‘allowed unescorted access to a secure area des-
ignated in a vessel security plan approved under section 70103 
of this title’’. 
SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES. 
Section 70112 of title 46, United States Code, is 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 interests of 
the port authorities; 
‘‘(ii) at least 1 individual who represents the interests 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 interests 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 
‘‘(viii) at least 1 individual who represents the interests 
of the maritime industry. 
‘‘(B) Each Area Maritime Security Advisory Committee 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 ‘‘2020;’’; and 
(B) in paragraph (2), by striking ‘‘2006’’ and inserting 
‘‘2018’’. 
SEC. 811. SEAMEN’S SHORESIDE ACCESS. 
Each facility security plan approved under section 70103(c) 
of title 46, United States Code, shall provide a 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. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS CARGO. 
(a) NATIONAL STUDY.— 
(1) IN GENERAL.—The Secretary of the department in which 
the Coast Guard is operating shall— 
(A) initiate a national study to identify measures to 
improve the security of maritime transportation of espe-
cially hazardous cargo; and
H. R. 3619—92 
(B) coordinate with other Federal agencies, the 
National Maritime Security Advisory Committee, and 
appropriate State and local government officials through 
the Area Maritime Security Committees and other existing 
coordinating committees, to evaluate the waterside security 
of vessels carrying, and waterfront facilities handling, espe-
cially hazardous cargo. 
(2) MATTERS TO BE INCLUDED.—The study conducted under 
this subsection shall include— 
(A) an analysis of existing risk assessment information 
relating to waterside security generated by the Coast Guard 
and Area Maritime Security Committees as part of the 
Maritime Security Risk Analysis Model; 
(B) a review and analysis of appropriate roles and 
responsibilities of maritime stakeholders, including Fed-
eral, State, and local law enforcement and industry security 
personnel, responsible for waterside security of vessels car-
rying, and waterfront facilities handling, especially haz-
ardous cargo, including— 
(i) the number of ports in which State and local 
law enforcement entities are providing any services 
to enforce Coast Guard-imposed security zones around 
vessels transiting to, through, or from United States 
ports or to conduct security patrols in United States 
ports; 
(ii) the number of formal agreements entered into 
between the Coast Guard and State and local law 
enforcement entities to engage State and local law 
enforcement entities in the enforcement of Coast 
Guard-imposed 
security 
zones 
around 
vessels 
transiting to, through, or from United States ports 
or the conduct of port security patrols in United States 
ports, the duration of those agreements, and the aid 
that State and local entities are engaged to provide 
through such agreements; 
(iii) the extent to which the Coast Guard has set 
national standards for training, equipment, and 
resources to ensure that State and local law enforce-
ment entities engaged in enforcing Coast Guard- 
imposed security zones around vessels transiting to, 
through, or from United States ports or in conducting 
port security patrols in United States ports (or both) 
can deter to the maximum extent practicable a 
transportation security incident; 
(iv) the extent to which the Coast Guard has 
assessed the ability of State and local law enforcement 
entities to carry out the security assignments that 
they have been engaged to perform, including their 
ability to meet any national standards for training, 
equipment, and resources that have been established 
by the Coast Guard in order to ensure that those 
entities can deter to the maximum extent practicable 
a transportation security incident; 
(v) the extent to which State and local law enforce-
ment entities are able to meet national standards for 
training, equipment, and resources established by the 
Coast Guard to ensure that those entities can deter
H. R. 3619—93 
to the maximum extent practicable a transportation 
security incident; 
(vi) the differences in law enforcement authority, 
and particularly boarding authority, between the Coast 
Guard and State and local law enforcement entities, 
and the impact that these differences have on the 
ability of State and local law enforcement entities to 
provide the same level of security that the Coast Guard 
provides during the enforcement of Coast Guard- 
imposed security zones and the conduct of security 
patrols in United States ports; and 
(vii) the extent of resource, training, and equip-
ment differences between State and local law enforce-
ment entities and the Coast Guard units engaged in 
enforcing Coast Guard-imposed security zones around 
vessels transiting to, through, or from United States 
ports or conducting security patrols in United States 
ports; 
(C) recommendations for risk-based security measures 
to improve waterside security of vessels carrying, and 
waterfront facilities handling, especially hazardous cargo; 
and 
(D) identification of security funding alternatives, 
including an analysis of the potential for cost-sharing by 
the public and private sectors as well as any challenges 
associated with such cost-sharing. 
(3) 
INFORMATION
PROTECTION.—In 
carrying 
out 
the 
coordination necessary to effectively complete the study, the 
Commandant shall implement measures to ensure the protec-
tion of any sensitive security information, proprietary informa-
tion, or classified information collected, reviewed, or shared 
during collaborative engagement with maritime stakeholders 
and other Government entities, except that nothing in this 
paragraph shall constitute authority to withhold information 
from— 
(A) the Congress; or 
(B) first responders requiring such information for the 
protection of life or property. 
(4) REPORT.—Not later than 12 months after the date of 
enactment of this Act, the Secretary of the Department in 
which the Coast Guard is operating shall submit to the Commit-
tees on Homeland Security and Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
on the results of the study under this subsection. 
(b) NATIONAL
STRATEGY.—Not later than 6 months after 
submission of the report required by subsection (a), the Secretary 
of the department in which the Coast Guard is operating shall 
develop, in conjunction with appropriate Federal agencies, a 
national strategy for the waterside security of vessels carrying, 
and waterfront facilities handling, especially hazardous cargo. The 
strategy shall utilize the results of the study required by subsection 
(a). 
(c) SECURITY
OF
ESPECIALLY
HAZARDOUS
CARGO.—Section 
70103 of title 46, United States Code, is amended by adding at 
the end the following: 
‘‘(e) ESPECIALLY HAZARDOUS CARGO.—
H. R. 3619—94 
‘‘(1) ENFORCEMENT OF SECURITY ZONES.—Consistent with 
other provisions of Federal law, the Coast Guard shall coordi-
nate and be responsible for the enforcement of any Federal 
security zone established by the Coast Guard around a vessel 
containing especially hazardous cargo. The Coast Guard shall 
allocate available resources so as to deter and respond to a 
transportation security incident, to the maximum extent prac-
ticable, and to protect lives or protect property in danger. 
‘‘(2) RESOURCE DEFICIENCY REPORTING.— 
‘‘(A) IN GENERAL.—When the Secretary submits the 
annual budget request for a fiscal year for the department 
in which the Coast Guard is operating to the Office of 
Management and Budget, the Secretary shall provide to 
the Committees on Homeland Security and Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report that includes— 
‘‘(i) for the last full fiscal year preceding the report, 
a statement of the number of security zones established 
for especially hazardous cargo shipments; 
‘‘(ii) for the last full fiscal year preceding the 
report, a statement of the number of especially haz-
ardous cargo shipments provided a waterborne security 
escort, subdivided by Federal, State, local, or private 
security; and 
‘‘(iii) an assessment as to any additional vessels, 
personnel, infrastructure, and other resources nec-
essary to provide waterborne escorts to those especially 
hazardous cargo shipments for which a security zone 
is established. 
‘‘(B) ESPECIALLY HAZARDOUS CARGO DEFINED.—In this 
subsection, the term ‘especially hazardous cargo’ means 
anhydrous ammonia, ammonium nitrate, chlorine, liquefied 
natural gas, liquiefied petroleum gas, and any other sub-
stance, material, or group or class of material, in a par-
ticular amount and form that the Secretary determines 
by regulation poses a significant risk of creating a transpor-
tation security incident while being transported in mari-
time commerce.’’. 
(d) DEFINITIONS.—For the purposes of this section, the follow 
definitions apply: 
(1) ESPECIALLY HAZARDOUS CARGO.—The term ‘‘especially 
hazardous cargo’’ means anhydrous ammonia, ammonium 
nitrate, chlorine, liquefied natural gas, liquiefied petroleum 
gas, and any other substance, material, or group or class of 
material, in a particular amount and form that the Secretary 
determines by regulation poses a significant risk of creating 
a transportation security incident while being transported in 
maritime commerce. 
(2) AREA MARITIME SECURITY COMMITTEE.—The term ‘‘Area 
Maritime Security Committee’’ means each of those committees 
responsible for producing Area Maritime Transportation Secu-
rity 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.
H. R. 3619—95 
SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 
Consistent with other provisions of law, the Secretary of the 
department in which the Coast Guard is operating shall make 
a recommendation, after considering recommendations made by 
the States, to the Federal Energy Regulatory Commission as to 
whether the waterway to a proposed waterside liquefied natural 
gas facility is suitable or unsuitable for the marine traffic associated 
with such facility. 
SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPOR-
TATION SECURITY CARDS. 
Section 70105 of title 46, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(n) The Secretary may use a secondary authentication system 
to verify the identification of individuals using transportation secu-
rity cards when the individual’s fingerprints are not able to be 
taken or read.’’. 
SEC. 
815. 
ASSESSMENT 
OF 
TRANSPORTATION 
SECURITY 
CARD 
ENROLLMENT SITES. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of the department in 
which the Coast Guard is operating shall prepare an assessment 
of the enrollment sites for transportation security cards issued 
under section 70105 of title 46, United States Code, including— 
(1) the feasibility of keeping those enrollment sites open 
after the date of enactment of this Act; and 
(2) the quality of customer service, including the periods 
of time individuals are kept on hold on the telephone, whether 
appointments are kept, and processing times for applications. 
(b) TIMELINES AND BENCHMARKS.—The Secretary shall develop 
timelines and benchmarks for implementing the findings of the 
assessment as the Secretary deems necessary. 
SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO MITIGATE 
THE THREAT OF SMALL BOAT ATTACK IN MAJOR PORTS. 
The Secretary of the department in which the Coast Guard 
is operating shall assess and report to Congress on the feasibility 
of efforts to mitigate the threat of small boat attack in security 
zones of major ports, including specifically the use of transponders, 
radio frequency identification devices, and high-frequency surface 
radar systems to track small boats. 
SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY 
BACKGROUND CHECKS. 
Not later than 1 year after the date of enactment of this 
Act, the Comptroller General shall submit to the Committee on 
Homeland Security of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report that contains— 
(1) a review of background checks and forms of identifica-
tion required under State and local transportation security 
programs; 
(2) a determination as to whether the background checks 
and forms of identification required under such programs dupli-
cate or conflict with Federal programs; and
H. R. 3619—96 
(3) recommendations on limiting the number of background 
checks and forms of identification required under such pro-
grams to reduce or eliminate duplication with Federal pro-
grams. 
SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING 
ISSUANCE; DEADLINES FOR PROCESSING; RECEIPT. 
(a) ACCESS; DEADLINES.—Section 70105 of title 46, United 
States Code, is further amended by adding at the end the following 
new subsections: 
‘‘(o) ESCORTING.—The Secretary shall coordinate with owners 
and operators subject to this section to allow any individual who 
has a pending application for a transportation security card under 
this section or is waiting for reissuance of such card, including 
any individual whose card has been lost or stolen, and who needs 
to perform work in a secure or restricted area to have access 
to such area for that purpose through escorting of such individual 
in accordance with subsection (a)(1)(B) by another individual who 
holds a transportation security card. Nothing in this subsection 
shall be construed as requiring or compelling an owner or operator 
to provide escorted access. 
‘‘(p) PROCESSING TIME.—The Secretary shall review an initial 
transportation security card application and respond to the 
applicant, as appropriate, including the mailing of an Initial Deter-
mination of Threat Assessment letter, within 30 days after receipt 
of the initial application. The Secretary shall, to the greatest extent 
practicable, review appeal and waiver requests submitted by a 
transportation security card applicant, and send a written decision 
or request for additional information required for the appeal 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 information for an appeal or waiver determina-
tion, the Secretary shall send a written decision, to the greatest 
extent practicable, within 30 days after receipt of all requested 
information.’’. 
(b) RECEIPT OF CARDS.— 
(1) REPORT BY COMPTROLLER GENERAL.—Within 180 days 
after the date of enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on Home-
land Security of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report assessing the costs, technical feasibility, and security 
measures associated with implementing procedures to deliver 
a transportation security card to an approved applicant’s place 
of residence in a secure manner or to allow an approved 
applicant to receive the card at an enrollment center of the 
individual’s choosing. 
(2) PROCESS FOR ALTERNATIVE MEANS OF RECEIPT.—If the 
Comptroller General finds in the final report under paragraph 
(1) that it is feasible for a transportation security card to 
be sent to an approved applicant’s place of residence in a 
secure manner, the Secretary shall, within 1 year after the 
date of issuance of the final report by the Comptroller General, 
implement a secure process to permit an individual approved 
for a transportation security card to receive the card at the 
applicant’s place of residence or at the enrollment center of 
the individual’s choosing. The individual shall be responsible
H. R. 3619—97 
for any additional cost associated with the secure delivery of 
a transportation security card. 
SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS. 
Section 70105(b) of title 46, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(6) The Secretary may extend for up to one year the expiration 
of a biometric transportation security card 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. 820. CLARIFICATION OF RULEMAKING AUTHORITY. 
(a) IN GENERAL.—Chapter 701 of title 46, United States Code, 
is further amended by adding at the end the following: 
‘‘SEC. 70124. REGULATIONS. 
‘‘Unless otherwise provided, the Secretary may issue regula-
tions necessary to implement this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for chapter 
701 of such title is further amended by adding at the end the 
following new item: 
‘‘70124. Regulations.’’. 
SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION. 
(a) PORT SECURITY TRAINING PROGRAM.—Chapter 701 of title 
46, United States Code, is further amended by adding at the end 
the following: 
‘‘§ 70125. Port security training for facility security officers 
‘‘(a) FACILITY SECURITY OFFICERS.—The Secretary shall estab-
lish comprehensive facility security officer training requirements 
designed to provide full security training that would lead to certifi-
cation of such officers. In establishing the requirements, the Sec-
retary shall— 
‘‘(1) work with affected industry stakeholders; and 
‘‘(2) evaluate— 
‘‘(A) the requirements of subsection (b); 
‘‘(B) existing security training programs employed at 
marine terminal facilities; and 
‘‘(C) existing port security training programs developed 
by the Federal Government. 
‘‘(b) REQUIREMENTS.—The training program shall provide vali-
dated training that— 
‘‘(1) provides training at the awareness, performance, 
management, and planning levels; 
‘‘(2) utilizes multiple training mediums and methods; 
‘‘(3) establishes a validated provisional on-line certification 
methodology; 
‘‘(4) provide for continuing education and training for 
facility security officers beyond certification requirements, 
including a program to educate on the dangers and issues 
associated with the shipment of hazardous and especially haz-
ardous cargo; 
‘‘(5) addresses port security topics, including— 
‘‘(A) facility security plans and procedures, including 
how to develop security plans and security procedure 
requirements when threat levels are elevated;