I 
111TH CONGRESS 
2D SESSION 
H. R. 5346 
To enhance homeland security in the ports and waterways of the United 
States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2010 
Mr. THOMPSON of Mississippi introduced the following bill; which was referred 
to the Committee on Homeland Security, and in addition to the Com-
mittee on Transportation and Infrastructure, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To enhance homeland security in the ports and waterways 
of the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. AMERICA’S WATERWAY WATCH PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘America’s Waterway Watch Act’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Homeland Security should es-
tablish, within the Department of Homeland Security, cit-
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izen watch programs that promote voluntary reporting of 
suspected terrorist activity and suspicious behavior. 
(c) AMERICA’S WATERWAY WATCH PROGRAM.— 
(1) IN GENERAL.—There is hereby established, 
within the Coast Guard, the America’s Waterway 
Watch Program (hereinafter in this section referred 
to as the ‘‘Program’’). 
(2) PURPOSE.—The Secretary of Homeland Se-
curity, acting through the Commandant of the Coast 
Guard, shall administer the Program in a manner 
that promotes voluntary reporting of activities that 
may indicate that a person or persons may be pre-
paring to engage or engaging in a violation of law 
relating to a threat or an act of terrorism (as that 
term is defined in section 3077 of title 18, United 
States Code) against a vessel, facility, port, or wa-
terway. 
(3) INFORMATION; TRAINING.— 
(A) INFORMATION.—The Secretary, acting 
through the Commandant, may establish, as an 
element of the Program, a network of individ-
uals and community-based organizations that 
enhance the situational awareness within the 
Nation’s ports and waterways. Such network 
shall, to the extent practicable, be conducted in 
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cooperation with Federal, State, and local law 
enforcement agencies. 
(B) TRAINING.—The Secretary, acting 
through the Commandant, may provide training 
in— 
(i) observing and reporting on covered 
activities; and 
(ii) sharing such reports and coordi-
nating the response by Federal, State, and 
local law enforcement agencies. 
(4) INSTRUCTIONAL MATERIALS.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security, acting through the Com-
mandant of the Coast Guard, may— 
(i) develop instructional materials 
that— 
(I) provide information on inland 
waterways, ports and harbors, and 
coastal regions for a specific region, 
as well as specific vulnerabilities and 
threats common to a specific region; 
and 
(II) promote voluntary reporting 
of activities that may indicate that a 
person or persons may be preparing 
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to engage or engaging in a violation of 
law relating to a threat or an act of 
terrorism (as that term is defined in 
section 3077 of title 18, United States 
Code) against a vessel, facility, port, 
or waterway; and 
(ii) 
distribute 
such 
materials 
to 
States, political subdivisions of the States, 
or non-governmental organization that pro-
vide instruction on boating or vessel oper-
ation in conjunction with any other in-
struction provided. 
(B) DISSEMINATION.—The Secretary, act-
ing through the Commandant— 
(i) shall ensure that such materials 
are made available to any person or per-
sons; and 
(ii) is authorized to require, as a con-
dition of receipt of funding or materials, 
pursuant to subparagraph (A), that the re-
cipient of such funding or materials devel-
ops a program to reach the widest possible 
audience. 
(C) ELIGIBILITY, FEDERAL ASSISTANCE.— 
The receipt, use, and dissemination of such ma-
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terials shall not diminish the eligibility of any 
State, political subdivision of such State, or 
non-governmental organization to receive Fed-
eral assistance or reduce the amount of Federal 
assistance that such State, political subdivision 
of such State, or non-governmental organization 
that otherwise receive. 
(5) VOLUNTARY PARTICIPATION.—Participation 
in the Program— 
(A) shall be wholly voluntary; 
(B) shall not be a prerequisite to eligibility 
for, or receipt of, any other service or assistance 
from, or to participation in, any other program 
of any kind; and 
(C) shall not require disclosure of informa-
tion regarding the individual reporting covered 
activities or, for proprietary purposes, the loca-
tion of such individual. 
(6) DEFINITIONS.—In this subsection: 
(A) The term ‘‘covered activity’’ means any 
suspicious transaction, activity, or occurrence 
that involves, or is directed against, a vessel or 
facility (as that term is defined in section 
70101(2) of title 46, United States Code) indi-
cating that an individual or individuals may be 
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preparing to engage, or engaging, in a violation 
of law relating to— 
(i) a threat to a vessel, facility, port, 
or waterway; or 
(ii) an act of terrorism (as that term 
is defined in section 3077 of title 18, 
United States Code). 
(B) The term ‘‘facility’’ has the same 
meaning such term has in section 70101(2) of 
title 46, United States Code. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated for the pur-
poses of this section $3,000,000 for fiscal years 
2010 through 2015. Such funds shall remain avail-
able until expended. 
(d) COORDINATION.—The Secretary shall coordinate 
the Program with other like watch programs. The Sec-
retary shall submit, concurrent with the President’s budg-
et submission for each fiscal year, a report on coordination 
of the Program and like watch programs within the De-
partment of Homeland Security to the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate and the Committee on Homeland Security of the 
House of Representatives. 
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SEC. 2. TRANSPORTATION WORKER IDENTIFICATION CRE-
DENTIAL. 
(a) IN GENERAL.—Not later than 120 days after 
completing the pilot program under section 70105(k)(1) 
of title 46, United States Code, to test TWIC access con-
trol technologies at port facilities and vessels nationwide, 
the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate and to the Comptroller General a report containing 
an assessment of the results of the pilot. The report shall 
include— 
(1) the findings of the pilot program with re-
spect to key technical and operational aspects of im-
plementing TWIC technologies in the maritime sec-
tor; 
(2) a comprehensive listing of the extent to 
which established metrics were achieved during the 
pilot program; and 
(3) an analysis of the viability of those tech-
nologies for use in the maritime environment, includ-
ing any challenges to implementing those tech-
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nologies and strategies for mitigating identified chal-
lenges. 
(b) GAO ASSESSMENT.—The Comptroller General 
shall review the report and submit to the Committee on 
Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of 
the Senate, and the Committee on Homeland Security and 
Governmental Affairs of the Senate an assessment of the 
report’s findings and recommendations. 
SEC. 3. REVIEW OF INTERAGENCY OPERATIONAL CENTERS. 
(a) IN GENERAL.—Within 180 days of enactment of 
this Act, the Department of Homeland Security Inspector 
General shall provide a report to the Committee on Home-
land Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committees on Homeland Security and Governmental Af-
fairs and Commerce, Science, and Transportation of the 
Senate concerning the establishment of Interagency Oper-
ational Centers for Port Security required by section 108 
of the SAFE Port Act (Public Law 109–347). 
(b) REPORT.—The report shall include— 
(1) an examination of the Department’s efforts 
to establish the Interagency Operational Centers; 
(2) a timeline for construction; 
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(3) a detailed breakdown, by center, as to the 
incorporation of those representatives required by 
section 70107A(b)(3) of title 46, United States 
Code; 
(4) an analysis of the hurdles faced by the De-
partment in developing these centers; 
(5) information on the number of security clear-
ances attained by State, local, and tribal officials 
participating in the program; and 
(6) an examination of the relationship between 
the Interagency Operational Centers and State, 
local, and regional fusion centers participating in the 
Department of Homeland Security’s State, Local, 
and Regional Fusion Center Initiative under section 
511 of the Implementing the Recommendations of 
the 9/11 Commission Act of 2007 (Public Law 110– 
53), with a particular emphasis on— 
(A) how the centers collaborate and coordi-
nate their efforts; 
(B) the resources allocated by the Coast 
Guard to both initiatives; and 
(C) architecture for integrated interagency 
targeting. 
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SEC. 4. MARITIME SECURITY RESPONSE TEAMS. 
(a) IN GENERAL.—Section 70106 of title 46, United 
States Code, is amended by striking subsection (c) and 
inserting the following: 
‘‘(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 
in such a way to minimize, to the extent practicable, 
the response time to any reported maritime terrorist 
threat. 
‘‘(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. 5. COAST GUARD DETECTION CANINE TEAM PROGRAM 
EXPANSION. 
(a) DEFINITIONS.—For purposes of this section: 
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(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— 
(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 2012; 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— 
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(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 
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). 
(d) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary such sums as may be nec-
essary to carry out this section for fiscal years 2010 
through 2012. 
SEC. 6. COAST GUARD PORT ASSISTANCE PROGRAM. 
(a) IN GENERAL.—Section 70110 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may lend, 
lease, donate, or otherwise provide equipment, and 
provide technical training and support, to the owner 
or operator of a foreign port or facility— 
‘‘(A) to assist in bringing the port or facil-
ity into compliance with applicable International 
Ship and Port Facility Code standards; 
‘‘(B) to assist the port or facility in meet-
ing standards established under section 70109A 
of this chapter; and 
‘‘(C) to assist the port or facility in exceed-
ing the standards described in subparagraphs 
(A) and (B). 
‘‘(2) CONDITIONS.—The Secretary— 
‘‘(A) shall provide such assistance based 
upon an assessment of the risks to the security 
of the United States and the inability of the 
owner or operator of the port or facility other-
wise to bring the port or facility into compli-
ance with those standards and to maintain com-
pliance with them; 
‘‘(B) may not provide such assistance un-
less the port or facility has been subjected to a 
comprehensive port security assessment by the 
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Coast Guard or a third party entity certified by 
the Secretary under section 70110A(b) to vali-
date foreign port or facility compliance with 
International Ship and Port Facility Code 
standards; and 
‘‘(C) may only lend, lease, or otherwise 
provide equipment that the Secretary has first 
determined is not required by the Coast Guard 
for the performance of its missions.’’. 
(b) SAFETY AND SECURITY ASSISTANCE FOR FOR-
EIGN 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 strategic plan to utilize 
those assistance programs to assist ports and facili-
ties that are found by the Secretary under sub-
section (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; 
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(ii) by inserting ‘‘or facility’’ after 
‘‘port’’ each place it appears; and 
(iii) by striking ‘‘PORTS’’ in the head-
ing for subsection (e) and inserting 
‘‘PORTS, FACILITIES,’’. 
(B) The chapter analysis 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 
territories.’’. 
SEC. 7. 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-
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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-
pabilities for use by the Coast Guard’s 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— 
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(A) increased accuracy of facial recogni-
tion; 
(B) enhancement of existing iris recogni-
tion technology; and 
(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. 8. 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-
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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-
rorist attack on gasoline and chemical cargo shipments in 
port activity areas in the United States. 
SEC. 9. 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. 10. 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 
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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— 
(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. 11. 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-
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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 
the Department of Homeland Security that fingerprints 
the public for the Department. 
(b) EXPIRATION.—This section expires on December 
31, 2012. 
SEC. 12. 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. 13. 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 
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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-
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. 14. 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 opera-
tors; 
‘‘(iii) at least 1 individual who represents 
the interests of the terminal owners or opera-
tors; 
‘‘(iv) at least 1 individual who represents 
the interests of the vessel owners or operators; 
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‘‘(v) at least 1 individual who represents 
the interests of the maritime labor organiza-
tions; 
‘‘(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 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. 15. 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, 
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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. 16. 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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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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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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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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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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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, through 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. 17. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 
(a) NOTICE OF RECOMMENDATION.—Consistent with 
other provisions of law, the Secretary of Homeland Secu-
rity must notify the Federal Energy Regulatory Commis-
sion when a recommendation is made that the waterway 
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to a proposed waterside liquefied natural gas facility is 
suitable or unsuitable for the marine traffic associated 
with such facility. 
(b) FEDERAL ENERGY REGULATORY COMMISSION 
RESPONSE.—The Federal Energy Regulatory Commission 
shall respond to the Secretary’s recommendation under 
subsection (a) by informing the Secretary within 90 days 
of notification or at the conclusion of any available appeal 
process, whichever is later, of what action the Commission 
has taken, pursuant to its authorities under the Natural 
Gas Act, regarding a proposal to construct and operate 
a waterside liquefied natural gas facility subject to a deter-
mination made under subsection (a). 
SEC. 18. USE OF SECONDARY AUTHENTICATION FOR 
TRANSPORTATION SECURITY CARDS. 
The Secretary of Homeland Security may use a sec-
ondary authentication system for individuals applying for 
transportation security cards when fingerprints are not 
able to be taken or read to enhance transportation secu-
rity. 
SEC. 19. ASSESSMENT OF TRANSPORTATION SECURITY 
CARD ENROLLMENT SITES. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall prepare an assessment of the enroll-
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ment 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 nec-
essary. 
SEC. 20. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO 
MITIGATE THE THREAT OF SMALL BOAT AT-
TACK 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 spe-
cifically the use of transponders or radio frequency identi-
fication devices to track small boats. 
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SEC. 21. 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 
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. 22. 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; 
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(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 
(3) the individual is engaged in the operation of 
a live animal-propelled vessel. 
SEC. 23. 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) ESCORTING.—The Secretary shall coordinate 
with owners and operators subject to this section to allow 
any individual who has a pending application for a trans-
portation 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 indi-
vidual who holds a transportation security card. 
‘‘(o) PROCESSING TIME.—The Secretary shall review 
an initial transportation security card application and re-
spond to the applicant, as appropriate, including the mail-
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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. 
‘‘(p) RECEIPT OF CARDS.—Within 180 days after the 
date of enactment of this subsection, the Secretary shall 
develop a process to permit an individual approved for a 
transportation security card under this section to receive 
the card at the individual’s place of residence. 
‘‘(q) 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. 
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