212 
‘‘§ 70122. Waterway watch program 
‘‘(a) PROGRAM ESTABLISHED.—There is hereby estab-
lished, within the Coast Guard, the America’s Waterway 
Watch Program. 
‘‘(b) PURPOSE.—The Secretary shall administer the 
Program in a manner that promotes voluntary reporting 
of activities that may indicate that a person or persons may 
be preparing to engage or engaging in a violation of law 
relating to a threat or an act of terrorism (as that term 
is defined in section 3077 of title 18) against a vessel, facil-
ity, port, or waterway. 
‘‘(c) INFORMATION; TRAINING.— 
‘‘(1) INFORMATION.—The Secretary may estab-
lish, as an element of the Program, a network of indi-
viduals and community-based organizations that en-
courage the public and industry to recognize activities 
referred to in subsection (b), promote voluntary re-
porting of such activity, and enhance the situational 
awareness within the Nation’s ports and waterways. 
Such network shall, to the extent practicable, be con-
ducted in cooperation with Federal, State, and local 
law enforcement agencies. 
‘‘(2) TRAINING.—The Secretary may provide 
training in— 
‘‘(A) observing and reporting on covered ac-
tivities; and
213 
‘‘(B) sharing such reports and coordinating 
the response by Federal, State, and local law en-
forcement agencies. 
‘‘(d) VOLUNTARY PARTICIPATION.—Participation in 
the Program— 
‘‘(1) shall be wholly voluntary; 
‘‘(2) shall not be a prerequisite to eligibility for, 
or receipt of, any other service or assistance from, or 
to participation in, any other program of any kind; 
and 
‘‘(3) shall not require disclosure of information 
regarding the individual reporting covered activities 
or, for proprietary purposes, the location of such indi-
vidual. 
‘‘(e) COORDINATION.—The Secretary shall coordinate 
the Program with other like watch programs. The Secretary 
shall submit, concurrent with the President’s budget sub-
mission for each fiscal year, a report on coordination of 
the Program and like watch programs within the Depart-
ment of Homeland Security to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Homeland Security of the House of Representa-
tives. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for the purposes of this sec-
214 
tion $3,000,000 for each of fiscal years 2011 through 2016. 
Such funds shall remain available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
chapter 701 of title 46, United States Code, is amended by 
inserting after the item relating to section 70121 the fol-
lowing: 
‘‘70122. Waterway watch program.’’. 
SEC. 802. TRANSPORTATION WORKER IDENTIFICATION 
CREDENTIAL. 
(a) IN GENERAL.—Not later than 120 days after com-
pleting the pilot program under section 70105(k)(1) of title 
46, United States Code, to test TWIC access control tech-
nologies at port facilities and vessels nationwide, the Sec-
retary of Homeland Security shall submit to the Committee 
on Homeland Security and the Committee on Transpor-
tation and Infrastructure of the House of Representatives, 
the Committee on Commerce, Science, and Transportation 
of the Senate, and to the Comptroller General a report con-
taining an assessment of the results of the pilot. The report 
shall include— 
(1) the findings of the pilot program with respect 
to key technical and operational aspects of imple-
menting TWIC technologies in the maritime sector; 
(2) a comprehensive listing of the extent to which 
established metrics were achieved during the pilot 
program; and
215 
(3) an analysis of the viability of those tech-
nologies for use in the maritime environment, includ-
ing any challenges to implementing those technologies 
and strategies for mitigating identified challenges. 
(b) GAO ASSESSMENT.—The Comptroller General 
shall review the report and submit to the Committee on 
Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives, and the 
Committee on Commerce, Science, and Transportation of 
the Senate an assessment of the report’s findings and rec-
ommendations. 
SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT 
SECURITY. 
Section 70107A(b) of title 46, United States Code, is 
amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; 
(3) by inserting before paragraph (2), as so re-
designated, the following: 
‘‘(1)(A) include— 
‘‘(i) information management systems, and 
‘‘(ii) sensor management systems; and 
‘‘(B) where practicable, provide for the physical 
co-location of the Coast Guard and, as the Secretary
216 
determines appropriate, representatives of the United 
States Customs and Border Protection, the United 
States Immigration and Customs Enforcement, the 
Transportation Security Administration, the Depart-
ment of Justice, the Department of Defense, and other 
Federal agencies, State and local law enforcement or 
port security personnel, members of the Area Mari-
time Security Committee, and other public and pri-
vate sector stakeholders adversely affected by a trans-
portation security incident or transportation disrup-
tion;’’; and 
(4) in paragraph (2), as so redesignated— 
(A) by striking ‘‘existing centers, includ-
ing—’’ and inserting ‘‘existing centers;’’; and 
(B) by striking subparagraph (A) and (B); 
and 
(5) by adding ‘‘and’’ at the end of paragraph 
(3), as so redesignated. 
SEC. 804. DEPLOYABLE, SPECIALIZED FORCES. 
(a) IN GENERAL.—Section 70106 of title 46, United 
States Code, is amended to read as follows: 
‘‘§ 70106. Deployable, specialized forces 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—To enhance the domestic 
maritime security capability of the United States, the
217 
Secretary shall establish deployable specialized forces 
of varying capabilities as are needed to safeguard the 
public and protect vessels, harbors, ports, facilities, 
and cargo in waters subject to the jurisdiction of the 
United States from destruction, loss or injury from 
crime, or sabotage due to terrorist activity, and to re-
spond to such activity in accordance with the trans-
portation security plans developed under section 
70103. 
‘‘(2) ENHANCED TEAMS.—Such specialized forces 
shall include no less than two enhanced teams to serve 
as deployable forces capable of combating terrorism, 
engaging in interdiction, law enforcement, and ad-
vanced tactical maritime security operations to ad-
dress known or potentially armed security threats (in-
cluding non-compliant actors at sea), and partici-
pating in homeland security, homeland defense, and 
counterterrorism exercises in the maritime environ-
ment. 
‘‘(b) MISSION.—The combined force of the specialized 
forces established under subsection (a) shall be trained, 
equipped, and capable of being deployed to— 
‘‘(1) deter, protect against, and rapidly respond 
to threats of maritime terrorism;
218 
‘‘(2) conduct maritime operations to protect 
against and disrupt illegal use, access to, or prolifera-
tion of weapons of mass destruction; 
‘‘(3) enforce moving or fixed safety or security 
zones established pursuant to law; 
‘‘(4) conduct high speed intercepts; 
‘‘(5) board, search, and seize any article or thing 
on or at, respectively, a vessel or facility found to 
present a risk to the vessel or facility, or to a port; 
‘‘(6) rapidly deploy to supplement United States 
armed forces domestically or overseas; 
‘‘(7) respond to criminal or terrorist acts so as 
to minimize, insofar as possible, the disruption 
caused by such acts; 
‘‘(8) assist with facility vulnerability assessments 
required under this chapter; and 
‘‘(9) carry out any other missions of the Coast 
Guard as are assigned to it by the Secretary. 
‘‘(c) MINIMIZATION OF RESPONSE TIMES.—The en-
hanced teams established under subsection (a)(2) shall, to 
the extent practicable, be stationed in such a way so as to 
minimize the response time to maritime terrorist threats 
and potential or actual transportation security incidents. 
‘‘(d) COORDINATION WITH OTHER AGENCIES.—To the 
maximum extent feasible, the combined force of the special-
219 
ized forces established under subsection (a) shall coordinate 
their activities with other Federal, State, and local law en-
forcement and emergency response agencies.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
chapter 701 of title 46, United States Code, is amended by 
striking the item relating to section 70106 and inserting 
the following: 
‘‘70106. Deployable, specialized forces.’’. 
SEC. 805. COAST GUARD DETECTION CANINE TEAM PRO-
GRAM EXPANSION. 
(a) DEFINITIONS.—For purposes of this section: 
(1) CANINE DETECTION TEAM.—The term ‘‘detec-
tion canine team’’ means a canine and a canine han-
dler that are trained to detect narcotics or explosives, 
or other threats as defined by the Secretary. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(b) DETECTION CANINE TEAMS.— 
(1) INCREASED
CAPACITY.—Not later than 1 
year after the date of enactment of this Act, and sub-
ject to the availability of appropriations, the Sec-
retary 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
220 
no fewer than 10 canine teams annually through 
fiscal year 2012; and 
(B) encourage owners and operators of port 
facilities, passenger cruise liners, oceangoing 
cargo vessels, and other vessels identified by the 
Secretary to strengthen security through the use 
of highly trained detection canine teams. 
(2) CANINE PROCUREMENT.—The Secretary, act-
ing through the Commandant of the Coast Guard, 
shall procure detection canine teams as efficiently as 
possible, including, to the greatest extent possible, 
through increased domestic breeding, while meeting 
the performance needs and criteria established by the 
Commandant. 
(c) DEPLOYMENT.—The Secretary shall prioritize de-
ployment of the additional canine teams to ports based on 
risk, consistent with the Security and Accountability For 
Every Port Act of 2006 (Public Law 109–347). 
SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM. 
(a) FOREIGN PORT ASSESSMENT.—Chapter 701 of 
title 46, United States Code, is amended— 
(1) by adding at the end of section 70108 the fol-
lowing: 
‘‘(e) LIMITATION
ON STATUTORY CONSTRUCTION.— 
The absence of an inspection of a foreign port shall not bar
221 
the Secretary from making a finding that a port in a for-
eign country does not maintain effective antiterrorism 
measures.’’; 
(2) by striking ‘‘If the Secretary, after con-
ducting an assessment under section 70108, finds that 
a port in a foreign country does not maintain effec-
tive antiterrorism measures,’’ in section 70109(a) and 
inserting ‘‘Unless the Secretary finds that a port in 
a foreign country maintains effective antiterrorism 
measures,’’; and 
(3) by striking ‘‘If the Secretary finds that a for-
eign port does not maintain effective antiterrorism 
measures,’’ in section 70110(a) and inserting ‘‘Unless 
the Secretary finds that a foreign port maintains ef-
fective antiterrorism measures,’’. 
(b) ASSISTANCE PROGRAM.—Section 70110 of title 46, 
United States Code, is amended by adding at the end the 
following: 
‘‘(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 Inter-
222 
national Ship and Port Facility Code standards; 
and 
‘‘(B) to assist the port or facility in cor-
recting deficiencies identified in periodic port as-
sessments and reassessments required under sec-
tion 70108 of this title. 
‘‘(2) CONDITIONS.—The Secretary— 
‘‘(A) may provide such assistance based 
upon an assessment of the risks to the security 
of the United States and the inability of the 
owner or operator of the port or facility to bring 
the port or facility into compliance with those 
standards and to maintain compliance with, or 
exceed, such standards; 
‘‘(B) may not provide such assistance unless 
the port or facility has been subjected to a com-
prehensive port security assessment by the Coast 
Guard; and 
‘‘(C) may only lend, lease, or otherwise pro-
vide equipment that the Secretary has first deter-
mined is not required by the Coast Guard for the 
performance of its missions.’’. 
(c) SAFETY AND SECURITY ASSISTANCE FOR FOREIGN 
PORTS.—
223 
(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 Sec-
retary shall establish a strategic plan to utilize those 
assistance programs to assist ports and facilities that 
are found by the Secretary under subsection (a) not 
to maintain effective antiterrorism measures in the 
implementation of port security antiterrorism meas-
ures.’’. 
(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 head-
ing for subsection (e) and inserting ‘‘PORTS, 
FACILITIES,’’. 
(B) Section 70108(c) of such title is amend-
ed— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraphs (3) 
and (4) as paragraphs (2) and (3), respec-
tively.
224 
(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 
territories.’’. 
SEC. 807. MARITIME BIOMETRIC IDENTIFICATION. 
(a) IN GENERAL.—Chapter 701 of title 46, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 70123. Mobile biometric identification 
‘‘(a) IN GENERAL.—Within one year after the date of 
the enactment of the Coast Guard Authorization Act of 
2010, the Secretary shall conduct, in the maritime environ-
ment, a program for the mobile biometric identification of 
suspected individuals, including terrorists, to enhance bor-
der security 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) DEFINITION.—For the purposes of this section, the 
term ‘biometric identification’ means use of fingerprint and 
digital photography images and facial and iris scan tech-
nology and any other technology considered applicable by 
the Department of Homeland Security.’’.
225 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following: 
‘‘70123. Mobile biometric identification.’’. 
(c) COST ANALYSIS.—Within 90 days after the date 
of the enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall submit to the 
Committees on Homeland Security and Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
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, sta-
tions, and other deployable maritime teams considered ap-
propriate by the Secretary, and any other appropriate De-
partment 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 environment. 
(d) STUDY
ON
EMERGING
BIOMETRIC
CAPABILI-
TIES.— 
(1) STUDY REQUIRED.—The Secretary of Home-
land Security shall submit to the Committees on 
Homeland Security and Transportation and Infra-
structure of the House of Representatives and the
226 
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 com-
bination of biometric technologies to rapidly identify 
individuals for security purposes. 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 identifica-
tion of individuals. 
(2) PURPOSE OF STUDY.—The purpose of the 
study required by paragraph (1) is to facilitate the 
use of a combination biometrics, including facial and 
iris recognition, to provide a higher probability of 
success in identification than a single approach and 
to achieve transformational advances in the flexi-
bility, authenticity, and overall capability of inte-
grated biometric detectors. The operational goal of the 
study should be to provide the capability to nonintru-
sively collect biometrics in an accurate and expedi-
tious manner to assist the Coast Guard and the De-
partment of Homeland Security in fulfilling its mis-
sion to protect and support national security.
227 
SEC. 808. 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 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 fa-
cilities shall be in addition to facilities established under 
section 70105 of title 46, United States Code. 
(b) EXPIRATION.—The requirement made by sub-
section (a) expires 1 year after the date the Secretary estab-
lishes the facilities required under that subsection. 
SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS. 
Section 70105(b)(2) of title 46, United States Code, is 
amended— 
(1) in subparagraph (B), by inserting after 
‘‘title’’ the following: ‘‘allowed unescorted access to a 
secure area designated in a vessel security plan ap-
proved under section 70103 of this title’’; and 
(2) in subparagraph (D), by inserting after 
‘‘tank vessel’’ the following: ‘‘allowed unescorted access
228 
to a secure area designated in a vessel security plan 
approved under section 70103 of this title’’. 
SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES. 
Section 70112 of title 46, United States Code, is 
amended— 
(1) by amending subsection (b)(5) to read as fol-
lows: 
‘‘(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 in-
terests 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 in-
terests 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.
229 
‘‘(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 ‘‘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, pi-
lots, and representatives of seamen’s welfare and labor orga-
nizations 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 HAZ-
ARDOUS CARGO. 
(a) NATIONAL STUDY.— 
(1) IN GENERAL.—The Secretary of the depart-
ment in which the Coast Guard is operating shall— 
(A) initiate a national study to identify 
measures to improve the security of maritime 
transportation of especially hazardous cargo; 
and
230 
(B) coordinate with other Federal agencies, 
the National Maritime Security Advisory Com-
mittee, and appropriate State and local govern-
ment officials through the Area Maritime Secu-
rity Committees and other existing coordinating 
committees, to evaluate the waterside security of 
vessels carrying, and waterfront facilities han-
dling, especially hazardous cargo. 
(2) MATTERS TO BE INCLUDED.—The study con-
ducted 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 
Security Committees as part of the Maritime Se-
curity Risk Analysis 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, re-
sponsible for waterside security of vessels car-
rying, and waterfront facilities handling, espe-
cially hazardous cargo, including— 
(i) the number of ports in which State 
and local law enforcement entities are pro-
viding any services to enforce Coast Guard-
231 
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 en-
tities in the enforcement of Coast Guard-im-
posed 
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 train-
ing, equipment, and resources to ensure that 
State and local law enforcement entities en-
gaged in enforcing Coast Guard-imposed se-
curity 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 max-
232 
imum 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 train-
ing, 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 trans-
portation security incident; 
(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
233 
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 secu-
rity zones and the conduct of security pa-
trols 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 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, es-
pecially hazardous cargo; and 
(D) identification of security funding alter-
natives, including an analysis of the potential 
for cost-sharing by the public and private sectors 
as well as any challenges associated with such 
cost-sharing. 
(3) INFORMATION PROTECTION.—In carrying out 
the coordination necessary to effectively complete the
234 
study, the Commandant shall implement measures to 
ensure the protection of any sensitive security infor-
mation, proprietary information, or classified infor-
mation collected, reviewed, or shared during collabo-
rative engagement with maritime stakeholders and 
other Government entities, except that nothing in this 
paragraph shall constitute authority to withhold in-
formation from— 
(A) the Congress; or 
(B) first responders requiring such informa-
tion for the protection of life or property. 
(4) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Secretary of the De-
partment in which the Coast Guard is operating shall 
submit to the Committees on Homeland Security and 
Transportation and Infrastructure of the House of 
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 secu-
rity of vessels carrying, and waterfront facilities handling,
235 
especially hazardous cargo. The strategy shall utilize the re-
sults 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.— 
‘‘(1) ENFORCEMENT OF SECURITY ZONES.—Con-
sistent with other provisions of Federal law, the Coast 
Guard shall coordinate and be responsible for the en-
forcement of any Federal security zone established by 
the Coast Guard around a vessel containing especially 
hazardous cargo. The Coast Guard shall allocate 
available resources so as to deter and respond to a 
transportation security incident, to the maximum ex-
tent practicable, and to protect lives or protect prop-
erty 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 Trans-
portation and Infrastructure of the House of 
Representatives and the Committee on Com-
236 
merce, Science, and Transportation of the Senate 
a report that includes— 
‘‘(i) for the last full fiscal year pre-
ceding the report, a statement of the number 
of security zones established for especially 
hazardous cargo shipments; 
‘‘(ii) for the last full fiscal year pre-
ceding the report, a statement of the number 
of especially hazardous cargo shipments 
provided a waterborne security escort, sub-
divided by Federal, State, local, or private 
security; and 
‘‘(iii) an assessment as to any addi-
tional vessels, personnel, infrastructure, and 
other resources necessary to provide water-
borne escorts to those especially hazardous 
cargo shipments for which a security zone is 
established. 
‘‘(B) ESPECIALLY HAZARDOUS CARGO DE-
FINED.—In this subsection, the term ‘especially 
hazardous cargo’ means anhydrous ammonia, 
ammonium nitrate, chlorine, liquefied natural 
gas, liquiefied petroleum gas, and any other sub-
stance, material, or group or class of material, 
in a particular amount and form that the Sec-
237 
retary determines by regulation poses a signifi-
cant risk of creating a transportation security 
incident while being transported in maritime 
commerce.’’. 
(d) DEFINITIONS.—For the purposes of this section, the 
follow definitions apply: 
(1) ESPECIALLY HAZARDOUS CARGO.—The term 
‘‘especially hazardous cargo’’ means anhydrous am-
monia, ammonium nitrate, chlorine, liquefied natural 
gas, liquiefied petroleum gas, and any other sub-
stance, material, or group or class of material, in a 
particular amount and form that the Secretary deter-
mines by regulation poses a significant risk of cre-
ating a transportation security incident while being 
transported in maritime commerce. 
(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.
238 
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 rec-
ommendations 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 
TRANSPORTATION 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 authentica-
tion system to verify the identification of individuals using 
transportation security cards when the individual’s finger-
prints are not able to be taken or read.’’. 
SEC. 815. ASSESSMENT OF TRANSPORTATION SECURITY 
CARD ENROLLMENT SITES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the de-
partment in which the Coast Guard is operating shall pre-
pare an assessment of the enrollment sites for transpor-
tation security cards issued under section 70105 of title 46, 
United States Code, including—
239 
(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 proc-
essing 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. 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 specifi-
cally 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 Com-
mittee on Homeland Security of the House of Representa-
240 
tives and the Committee on Commerce, Science, and Trans-
portation of the Senate 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. 818. TRANSPORTATION SECURITY CARDS: ACCESS 
PENDING ISSUANCE; DEADLINES FOR PROC-
ESSING; 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 transpor-
tation 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
241 
in a secure or restricted area to have access to such area 
for that purpose through escorting of such individual in ac-
cordance 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 re-
spond to the applicant, as appropriate, including the mail-
ing of an Initial Determination of Threat Assessment letter, 
within 30 days after receipt of the initial application. The 
Secretary shall, to the greatest extent practicable, review ap-
peal and waiver requests submitted by a transportation se-
curity card applicant, and send a written decision or re-
quest 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 appli-
cant that is required to submit additional information for 
an appeal or waiver determination, 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.—With-
in 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall
242 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a 
report assessing the costs, technical feasibility, and se-
curity measures associated with implementing proce-
dures 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 RE-
CEIPT.—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 ap-
proved applicant’s place of residence in a secure man-
ner, the Secretary shall, within 1 year after the date 
of issuance of the final report by the Comptroller Gen-
eral, implement a secure process to permit an indi-
vidual 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 choos-
ing. The individual shall be responsible for any addi-
tional cost associated with the secure delivery of a 
transportation security card.
243 
SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS. 
Section 70105(b) of title 46, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(6) The Secretary may extend for up to one year the 
expiration of a biometric transportation security card re-
quired by this section to align the expiration with the expi-
ration of a license, certificate of registry, or merchant mar-
iner 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 
regulations 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:
244 
‘‘§ 70125. Port security training for facility security of-
ficers 
‘‘(a) FACILITY SECURITY OFFICERS.—The Secretary 
shall establish comprehensive facility security officer train-
ing requirements designed to provide full security training 
that would lead to certification of such officers. In estab-
lishing the requirements, the Secretary shall— 
‘‘(1) work with affected industry stakeholders; 
and 
‘‘(2) evaluate— 
‘‘(A) the requirements of subsection (b); 
‘‘(B) existing security training programs 
employed at marine terminal facilities; and 
‘‘(C) existing port security training pro-
grams developed by the Federal Government. 
‘‘(b) REQUIREMENTS.—The training program shall 
provide validated training that— 
‘‘(1) provides training at the awareness, per-
formance, 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 train-
ing for facility security officers beyond certification 
requirements, including a program to educate on the
245 
dangers and issues associated with the shipment of 
hazardous and especially hazardous cargo; 
‘‘(5) addresses port security topics, including— 
‘‘(A) facility security plans and procedures, 
including how to develop security plans and se-
curity procedure requirements when threat levels 
are elevated; 
‘‘(B) facility security force operations and 
management; 
‘‘(C) physical security and access control at 
facilities; 
‘‘(D) methods of security for preventing and 
countering cargo theft; 
‘‘(E) container security; 
‘‘(F) recognition and detection of weapons, 
dangerous substances, and devices; 
‘‘(G) operation and maintenance of security 
equipment and systems; 
‘‘(H) security threats and patterns; 
‘‘(I) security incident procedures, including 
procedures for communicating with govern-
mental and nongovernmental emergency response 
providers; and 
‘‘(J) evacuation procedures;
246 
‘‘(6) is consistent with, and supports implemen-
tation of, the National Incident Management System, 
the National Response Plan, the National Infrastruc-
ture Protection Plan, the National Preparedness 
Guidance, the National Preparedness Goal, the Na-
tional Maritime Transportation Security Plan, and 
other such national initiatives; 
‘‘(7) is evaluated against clear and consistent 
performance measures; 
‘‘(8) addresses security requirements under facil-
ity security plans; 
‘‘(9) addresses requirements under the Inter-
national Code for the Security of Ships and Port Fa-
cilities to address shore leave for mariners and access 
to visitors, representatives of seafarers’ welfare orga-
nizations, and labor organizations; and 
‘‘(10) such other subject matters as may be pre-
scribed by the Secretary. 
‘‘(c) CONTINUING SECURITY TRAINING.—The Sec-
retary, in coordination with the Secretary of Transpor-
tation, shall work with State and local law enforcement 
agencies and industry stakeholders to develop and certify 
the following additional security training requirements for 
Federal, State, and local officials with security responsibil-
ities at United States seaports:
247 
‘‘(1) A program to familiarize them with port 
and shipping operations, requirements of the Mari-
time Transportation Security Act of 2002 (Public 
Law 107–295), and other port and cargo security 
programs that educates and trains them with respect 
to their roles and responsibilities. 
‘‘(2) A program to familiarize them with dan-
gers and potential issues with respect to shipments of 
hazardous and especially hazardous cargoes. 
‘‘(3) A program of continuing education as 
deemed necessary by the Secretary. 
‘‘(d) TRAINING PARTNERS.—In developing curriculum 
and delivering training established pursuant to subsections 
(a) and (c), the Secretary, in coordination with the Mari-
time Administrator of the Department of Transportation 
and consistent with section 109 of the Maritime Transpor-
tation Security Act of 2002 [46 U.S.C. 70101 note], shall 
work with institutions with maritime expertise and with 
industry stakeholders with security expertise to develop ap-
propriate training capacity to ensure that training can be 
provided in a geographically balanced manner to personnel 
seeking certification under subsection (a) or education and 
training under subsection (c). 
‘‘(e) ESTABLISHED GRANT PROGRAM.—The Secretary 
shall issue regulations or grant solicitations for grants for
248 
homeland security or port security to ensure that activities 
surrounding the development of curriculum and the provi-
sion of training and these activities are eligible grant ac-
tivities under both grant programs.’’. 
(b) CONFORMING AMENDMENT.—Section 113 of the 
SAFE Port Act (6 U.S.C. 911) is repealed. 
(c) TABLE OF CONTENTS AMENDMENT.—The table of 
contents for chapter 701 of title 46, United States Code, 
is further amended by adding at the end the following: 
‘‘70125. Port security training for facility security officers.’’. 
SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS 
WITH LOCAL PORT AUTHORITIES, STATE HAR-
BOR DIVISIONS, AND LAW ENFORCEMENT 
AGENCIES. 
Section 70102 of title 46, United States Code, is 
amended by adding at the end thereof the following: 
‘‘(c) SHARING
OF
ASSESSMENT
INTEGRATION
OF 
PLANS AND EQUIPMENT.—The owner or operator of a facil-
ity, consistent with any Federal security restrictions, 
shall— 
‘‘(1) make a current copy of the vulnerability as-
sessment conducted under subsection (b) available to 
the port authority with jurisdiction of the facility and 
appropriate State or local law enforcement agencies; 
and
249 
‘‘(2) integrate, to the maximum extent practical, 
any security system for the facility with compatible 
systems operated or maintained by the appropriate 
State, law enforcement agencies, and the Coast 
Guard.’’. 
SEC. 823. TRANSPORTATION SECURITY CARDS. 
Section 70105 of title 46, United States Code, is fur-
ther amended by adding at the end thereof the following: 
‘‘(q) RECEIPT AND ACTIVATION OF TRANSPORTATION 
SECURITY CARD.— 
‘‘(1) IN GENERAL.—Not later than one year after 
the date of publication of final regulations required 
by subsection (k)(3) of this section the Secretary shall 
develop a plan to permit the receipt and activation 
of transportation security cards at any vessel or facil-
ity described in subsection (a) of this section that de-
sires to implement this capability. This plan shall 
comply, to the extent possible, with all appropriate 
requirements of Federal standards for personal iden-
tity verification and credential. 
‘‘(2) LIMITATION.—The Secretary may not re-
quire any such vessel or facility to provide on-site ac-
tivation capability.’’.
250 
SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICA-
TIONS EQUIPMENT AT INTERAGENCY OPER-
ATIONAL CENTERS. 
Section 70107A of title 46, United States Code, is 
amended— 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) DEPLOYMENT OF INTEROPERABLE COMMUNICA-
TIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CEN-
TERS.—The Secretary, subject to the availability of appro-
priations, shall ensure that interoperable communications 
technology is deployed at all interagency operational centers 
established under subsection (a) and that such technology 
and equipment has been tested in live operational environ-
ments before deployment.’’. 
SEC. 825. INTERNATIONAL PORT AND FACILITY INSPEC-
TION COORDINATION. 
(a) COORDINATION.—The Secretary of the department 
in which the Coast Guard is operating shall, to the extent 
practicable, conduct the assessments required by the fol-
lowing provisions of law concurrently, or develop a process 
by which they are integrated and conducted by the Coast 
Guard:
251 
(1) Section 205 of the SAFE Port Act (6 U.S.C. 
945). 
(2) Section 213 of that Act (6 U.S.C. 964). 
(3) Section 70108 of title 46, United States 
Code. 
(b) LIMITATION.—Nothing in subsection (a) shall be 
construed to affect or diminish the Secretary’s authority or 
discretion— 
(1) to conduct an assessment of a foreign port at 
any time; 
(2) to compel the Secretary to conduct an assess-
ment of a foreign port so as to ensure that 2 or more 
assessments are conducted concurrently; or 
(3) to cancel an assessment of a foreign port if 
the Secretary is unable to conduct 2 or more assess-
ments concurrently. 
(c) MULTIPLE ASSESSMENT REPORT.—The Secretary 
shall provide written notice to the Committee on Commerce, 
Science, and Transportation of the Senate and the Commit-
tees on Transportation and Infrastructure and Homeland 
Security of the House of Representatives whenever the Sec-
retary conducts 2 or more assessments of the same port 
within a 3-year period.
252 
SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT 
MITIGATION PLAN. 
Section 70103(b)(2) of title 46, United States Code, is 
amended— 
(1) by redesignating subparagraphs (E) through 
(G) as subparagraphs (F) through (H), respectively; 
and 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) establish area response and recovery proto-
cols to prepare for, respond to, mitigate against, and 
recover from a transportation security incident con-
sistent with section 202 of the SAFE Port Act of 2006 
(6 U.S.C. 942) and subsection (a) of this section;’’. 
SEC. 827. RISK BASED RESOURCE ALLOCATION. 
(a) NATIONAL STANDARD.—Within 1 year after the 
date of enactment of this Act, in carrying out chapter 701 
of title 46, United States Code, the Secretary of the depart-
ment in which the Coast Guard is operating shall develop 
and utilize a national standard and formula for 
prioritizing and addressing assessed security risks at 
United State ports and facilities on or adjacent to the wa-
terways of the United States, such as the Maritime Security 
Risk Assessment Model that has been tested by the Depart-
ment of Homeland Security.
253 
(b) USE
BY MARITIME SECURITY COMMITTEES.— 
Within 2 years after the date of enactment of this Act, the 
Secretary shall require each Area Maritime Security Com-
mittee to use this standard to regularly evaluate each port’s 
assessed risk and prioritize how to mitigate the most signifi-
cant risks. 
(c) OTHER USES OF STANDARD.—The Secretary shall 
utilize the standard when considering departmental re-
source allocations and grant making decisions. 
(d) USE OF MARITIME RISK ASSESSMENT MODEL.— 
Within 180 days after the date of enactment of this Act, 
the Secretary of the department in which the Coast Guard 
is operating shall make the United States Coast Guard’s 
Maritime Security Risk Assessment Model available, in an 
unclassified version, on a limited basis to regulated vessels 
and facilities to conduct true risk assessments of their own 
facilities and vessels using the same criteria employed by 
the Coast Guard when evaluating a port area, facility, or 
vessel. 
SEC. 828. PORT SECURITY ZONES. 
(a) IN GENERAL.—Section 701 of title 46, United 
States Code, is amended by adding at the end the following: 
‘‘SUBCHAPTER II—PORT SECURITY ZONES 
‘‘§ 70131. Definitions 
‘‘In this subchapter:
254 
‘‘(1) LAW
ENFORCEMENT
AGENCY.—The term 
‘law enforcement agency’ means an agency of a State, 
a political subdivision of a State, or a Federally rec-
ognized tribe that is authorized by law to supervise 
the prevention, detection, investigation, or prosecution 
of any violation of criminal law. 
‘‘(2) SECURITY ZONE.—The term ‘security zone’ 
means a security zone, established by the Com-
mandant of the Coast Guard or the Commandant’s 
designee pursuant to section 1 of title II of the Act 
of June 15, 1917 (50 U.S.C. 191) or section 7(b) of 
the Ports and Waterways Safety Act (33 U.S.C. 
1226(b)), for a vessel carrying especially hazardous 
cargo when such vessel— 
‘‘(A) enters, or operates within, the internal 
waters of the United States and the territorial 
sea of the United States; or 
‘‘(B) transfers such cargo or residue in any 
port or place, under the jurisdiction of the 
United States, within the territorial sea of the 
United States or the internal waters of the 
United States.
255 
‘‘§ 70132. Credentialing standards, training, and cer-
tification for State and local support for 
the enforcement of security zones for the 
transportation of especially hazardous 
cargo 
‘‘(a) STANDARD.—The Commandant of the Coast 
Guard shall establish, by regulation, national standards for 
training and credentialing of law enforcement personnel— 
‘‘(1) to enforce a security zone; or 
‘‘(2) to assist in the enforcement of a security 
zone. 
‘‘(b) TRAINING.— 
‘‘(1) The Commandant of the Coast Guard— 
‘‘(A) shall develop and publish a training 
curriculum for— 
‘‘(i) law enforcement personnel to en-
force a security zone; 
‘‘(ii) law enforcement personnel to en-
force or assist in the enforcement of a secu-
rity zone; and 
‘‘(iii) personnel who are employed or 
retained by a facility or vessel owner to as-
sist in the enforcement of a security zone; 
and 
‘‘(B) may—
256 
‘‘(i) test and deliver such training, the 
curriculum for which is developed pursuant 
to subparagraph (A); 
‘‘(ii) enter into an agreement under 
which a public entity (including a Federal 
agency) or private entity may test and de-
liver such training, the curriculum for 
which has been developed pursuant to sub-
paragraph (A); and 
‘‘(iii) may accept a program, con-
ducted by a public entity (including a Fed-
eral agency) or private entity, through 
which such training is delivered the cur-
riculum for which is developed pursuant to 
subparagraph (A). 
‘‘(2) Any Federal agency that provides such 
training, and any public or private entity that re-
ceives moneys, pursuant to section 70107(b)(8) of this 
title, to provide such training, shall provide such 
training— 
‘‘(A) to law enforcement personnel who en-
force or assist in the enforcement of a security 
zone; and 
‘‘(B) on an availability basis to—
257 
‘‘(i) law enforcement personnel who as-
sist in the enforcement of a security zone; 
and 
‘‘(ii) personnel who are employed or 
retained by a facility or vessel owner or op-
erator to assist in the enforcement of a secu-
rity zone. 
‘‘(3) If a Federal agency provides the training, 
the head of such agency may, notwithstanding any 
other provision of law, accept payment from any 
source for such training, and any amount received as 
payment shall be credited to the appropriation, cur-
rent at the time of collection, charged with the cost 
thereof and shall be merged with, and available for, 
the same purposes of such appropriation. 
‘‘(4) Notwithstanding any other provision of law, 
any moneys, awarded by the Department of Home-
land Security in the form of awards or grants, may 
be used by the recipient to pay for training of per-
sonnel to assist in the enforcement of security zones 
and limited access areas. 
‘‘(c) CERTIFICATION; TRAINING PARTNERS.—In devel-
oping and delivering training under the training program, 
the Secretary, in coordination with the Maritime Adminis-
trator of the Department of Transportation, and consistent
258 
with section 109 of the Maritime Transportation Security 
Act of 2002 (46 U.S.C. 70101 note), shall— 
‘‘(1) work with government training facilities, 
academic institutions, private organizations, em-
ployee organizations, and other entities that provide 
specialized, state-of-the-art training for governmental 
and nongovernmental emergency responder providers 
or commercial seaport personnel and management; 
‘‘(2) utilize, as appropriate, government training 
facilities, courses provided by community colleges, 
public safety academies, State and private univer-
sities, and other facilities; and 
‘‘(3) certify organizations that offer the cur-
riculum for training and certification.’’. 
(b) GRANTS; ADMINISTRATION.—Section 70107 of title 
46, United States Code, is amended— 
(1) by striking ‘‘services.’’ in subsection (a) and 
inserting ‘‘services and to train law enforcement per-
sonnel under section 70132 of this title.’’; 
(2) by adding at the end of subsection (b) the fol-
lowing: 
‘‘(8) The cost of training law enforcement per-
sonnel— 
‘‘(A) to enforce a security zone under section 
70132 of this title; or
259 
‘‘(B) assist in the enforcement of a security 
zone.’’; 
(3) by adding at the end of subsection (c)(2) the 
following: 
‘‘(C) TRAINING.—There are no matching re-
quirements for grants under subsection (a) to 
train law enforcement agency personnel in the 
enforcement of security zones under section 
70132 of this title or in assisting in the enforce-
ment of such security zones.’’; and 
(4) by striking ‘‘2011’’ in subsection (l) and in-
serting ‘‘2013’’. 
(c) CONFORMING AMENDMENTS.— 
(1) SUBCHAPTER I DESIGNATION.—Chapter 701 
of title 46, United States Code, is amended by insert-
ing before section 70101 the following: 
‘‘SUBCHAPTER I—GENERAL’’. 
(2) TABLE
OF
CONTENTS
AMENDMENTS.—The 
table of contents for chapter 701 of title 46, United 
States Code, is amended— 
(3) by inserting before the item relating to sec-
tion 70101 the following: 
‘‘Subchapter I—General’’; 
and 
(4) by adding at the end the following:
260 
‘‘SUBCHAPTER II—PORT SECURITY ZONES 
‘‘70131. Definitions. 
‘‘70132. Credentialing standards, training, and certification for State and local 
support for the enforcement of security zones for the transpor-
tation of especially hazardous cargo.’’. 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. WAIVERS. 
(a) GENERAL COASTWISE WAIVER.—Notwithstanding 
section 12112 and chapter 551 of title 46, United States 
Code, the Secretary of the department in which the Coast 
Guard is operating may issue a certificate of documenta-
tion with a coastwise endorsement for the following vessels: 
(1) ZIPPER (State of New York regulation 
number NY3205EB). 
(2) GULF DIVER IV (United States official 
number 553457). 
(b) GALLANT LADY.—Section 1120(c) of the Coast 
Guard Authorization Act of 1996 (110 Stat. 3977) is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘of Transportation’’ and in-
serting ‘‘of the department in which the Coast 
Guard is operating’’; and 
(B) by striking subparagraph (A) and in-
serting the following:
261 
‘‘(A) the vessel GALLANT LADY (Feadship 
hull number 672, approximately 168 feet in 
length).’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) CONDITION.—The only nonrecreational ac-
tivity authorized for the vessel referred to in subpara-
graph (A) of paragraph (1) is the transportation of 
individuals on behalf of an organization described in 
section 501(c)(3) of the Internal Revenue Code of 
1986 and exempt from tax under section 501(a) of 
such Code, for which the owner of the vessel receives 
no compensation.’’; 
(3) by striking paragraph (4) and redesignating 
paragraph (5) as paragraph (4); and 
(4) in paragraph (4) (as so redesignated) by 
striking all after ‘‘shall expire’’ and inserting ‘‘on the 
date of the sale of the vessel by the owner.’’. 
(c) ACTIVITY OF CERTAIN VESSELS.— 
(1) IN
GENERAL.—Section 12102 of title 46, 
United States Code, is amended by adding at the end 
the following: 
‘‘(d) AQUACULTURE WAIVER.— 
‘‘(1) PERMITTING OF NONQUALIFIED VESSELS TO 
PERFORM
CERTAIN
AQUACULTURE
SUPPORT
OPER-
262 
ATIONS.—Notwithstanding section 12113 and any 
other law, the Secretary of Transportation may issue 
a waiver allowing a documented vessel with a registry 
endorsement or a foreign flag vessel to be used in op-
erations that treat aquaculture fish for or protect 
aquaculture fish from disease, parasitic infestation, or 
other threats to their health if the Secretary finds, 
after publishing a notice in the Federal Register, that 
a suitable vessel of the United States is not available 
that could perform those services. 
‘‘(2) PROHIBITION.—Vessels operating under a 
waiver issued under this subsection may not engage 
in any coastwise transportation.’’. 
(2) IMPLEMENTING
AND
INTERIM
REGULA-
TIONS.—The Secretary of the department in which the 
Coast Guard is operating shall, in accordance with 
section 553 of title 5, United States Code, and after 
public notice and comment, promulgate regulations 
necessary and appropriate to implement this sub-
section. The Secretary may grant interim permits 
pending the issuance of such regulations upon receipt 
of applications containing the required information. 
SEC. 902. CREW WAGES ON PASSENGER VESSELS. 
(a) FOREIGN AND INTERCOASTAL VOYAGES.—
263 
(1) CAP ON PENALTY WAGES.—Section 10313(g) 
of title 46, United States Code, is amended— 
(A) by striking ‘‘When’’ and inserting ‘‘(1) 
Subject to paragraph (2), when’’; and 
(B) by adding at the end the following: 
‘‘(2) The total amount required to be paid under para-
graph (1) with respect to all claims in a class action suit 
by seamen on a passenger vessel capable of carrying more 
than 500 passengers for wages under this section against 
a vessel master, owner, or operator or the employer of the 
seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims. 
‘‘(3) A class action suit for wages under this subsection 
must be commenced within three years after the later of— 
‘‘(A) the date of the end of the last voyage for 
which the wages are claimed; or 
‘‘(B) the receipt, by a seaman who is a claimant 
in the suit, of a payment of wages that are the subject 
of the suit that is made in the ordinary course of em-
ployment.’’. 
(2) DEPOSITS.—Section 10315 of such title is 
amended by adding at the end the following: 
‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written re-
quest signed by the seaman, a seaman employed on a pas-
senger vessel capable of carrying more than 500 passengers
264 
may authorize the master, owner, or operator of the vessel, 
or the employer of the seaman, to make deposits of wages 
of the seaman into a checking, savings, investment, or re-
tirement account, or other account to secure a payroll or 
debit card for the seaman if— 
‘‘(1) the wages designated by the seaman for such 
deposit are deposited in a United States or inter-
national financial institution designated by the sea-
man; 
‘‘(2) such deposits in the financial institution 
are fully guaranteed under commonly accepted inter-
national standards by the government of the country 
in which the financial institution is licensed; 
‘‘(3) a written wage statement or pay stub, in-
cluding an accounting of any direct deposit, is deliv-
ered to the seaman no less often than monthly; and 
‘‘(4) while on board the vessel on which the sea-
man is employed, the seaman is able to arrange for 
withdrawal of all funds on deposit in the account in 
which the wages are deposited.’’. 
(b) COASTWISE VOYAGES.— 
(1) CAP ON PENALTY WAGES.—Section 10504(c) 
of such title is amended—
265 
(A) by striking ‘‘When’’ and inserting ‘‘(1) 
Subject to subsection (d), and except as provided 
in paragraph (2), when’’; and 
(B) by inserting at the end the following: 
‘‘(2) The total amount required to be paid under para-
graph (1) with respect to all claims in a class action suit 
by seamen on a passenger vessel capable of carrying more 
than 500 passengers for wages under this section against 
a vessel master, owner, or operator or the employer of the 
seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims. 
‘‘(3) A class action suit for wages under this subsection 
must be commenced within three years after the later of— 
‘‘(A) the date of the end of the last voyage for 
which the wages are claimed; or 
‘‘(B) the receipt, by a seaman who is a claimant 
in the suit, of a payment of wages that are the subject 
of the suit that is made in the ordinary course of em-
ployment.’’. 
(2) DEPOSITS.—Section 10504 of such title is 
amended by adding at the end the following: 
‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written re-
quest signed by the seaman, a seaman employed on a pas-
senger vessel capable of carrying more than 500 passengers 
may authorize, the master, owner, or operator of the vessel,
266 
or the employer of the seaman, to make deposits of wages 
of the seaman into a checking, savings, investment, or re-
tirement account, or other account to secure a payroll or 
debit card for the seaman if— 
‘‘(1) the wages designated by the seaman for such 
deposit are deposited in a United States or inter-
national financial institution designated by the sea-
man; 
‘‘(2) such deposits in the financial institution 
are fully guaranteed under commonly accepted inter-
national standards by the government of the country 
in which the financial institution is licensed; 
‘‘(3) a written wage statement or pay stub, in-
cluding an accounting of any direct deposit, is deliv-
ered to the seaman no less often than monthly; and 
‘‘(4) while on board the vessel on which the sea-
man is employed, the seaman is able to arrange for 
withdrawal of all funds on deposit in the account in 
which the wages are deposited.’’. 
SEC. 903. TECHNICAL CORRECTIONS. 
(a) COAST GUARD AND MARITIME TRANSPORTATION 
ACT OF 2006.—Effective with enactment of the Coast Guard 
and Maritime Transportation Act of 2006 (Public Law 
109–241), such Act is amended—
267 
(1) in section 311(b) (120 Stat. 530) by insert-
ing ‘‘paragraphs (1) and (2) of’’ before ‘‘section 
8104(o)’’; 
(2) in section 603(a)(2) (120 Stat. 554) by strik-
ing ‘‘33 U.S.C. 2794(a)(2)’’ and inserting ‘‘33 U.S.C. 
2704(a)(2)’’; 
(3) in section 901(r)(2) (120 Stat. 566) by strik-
ing ‘‘the’’ the second place it appears; 
(4) in section 902(c) (120 Stat. 566) by inserting 
‘‘of the United States’’ after ‘‘Revised Statutes’’; 
(5) in section 902(e) (120 Stat. 567) is amend-
ed— 
(A) by inserting ‘‘and’’ after the semicolon 
at the end of paragraph (1); 
(B) by striking ‘‘and’’ at the end of para-
graph (2)(A); and 
(C) by redesignating paragraphs (3) and 
(4) as subparagraphs (C) and (D) of paragraph 
(2), respectively, and aligning the left margin of 
such subparagraphs with the left margin of sub-
paragraph (A) of paragraph (2); 
(6) in section 902(e)(2)(C) (as so redesignated) 
by striking ‘‘this section’’ and inserting ‘‘this para-
graph’’;
268 
(7) in section 902(e)(2)(D) (as so redesignated) 
by striking ‘‘this section’’ and inserting ‘‘this para-
graph’’; 
(8) in section 902(h)(1) (120 Stat. 567)— 
(A) by striking ‘‘Bisti/De-Na-Zin’’ and all 
that follows through ‘‘Protection’’ and inserting 
‘‘Omnibus Parks and Public Lands Manage-
ment’’; and 
(B) by inserting a period after ‘‘Com-
mandant of the Coast Guard’’; and 
(9) in section 902(k) (120 Stat. 568) is amend-
ed— 
(A) by inserting ‘‘the Act of March 23, 
1906, commonly known as’’ before ‘‘the General 
Bridge’’; 
(B) by striking ‘‘491)’’ and inserting 
‘‘494),’’; and 
(C) by inserting ‘‘each place it appears’’ be-
fore ‘‘and inserting’’. 
(b) TITLE 14.— 
(1) The analysis for chapter 7 of title 14, United 
States Code, is amended by adding a period at the 
end of the item relating to section 149.
269 
(2) The analysis for chapter 17 of title 14, 
United States Code, is amended by adding a period 
at the end of the item relating to section 677. 
(3) The analysis for chapter 9 of title 14, United 
States Code, is amended by adding a period at the 
end of the item relating to section 198. 
(4) Section 182 of title 14, United States Code, 
is amended by striking the third sentence. 
(c) TITLE 46.— 
(1) The analysis for chapter 81 of title 46, 
United States Code, is amended by adding a period 
at the end of the item relating to section 8106. 
(2) Section 70105(c)(3)(C) of such title is 
amended by striking ‘‘National Intelligence Director’’ 
and inserting ‘‘Director of National Intelligence’’. 
(d) DEEPWATER PORT ACT OF 1974.—Section 5(c)(2) 
of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) 
is amended by aligning the left margin of subparagraph 
(K) with the left margin of subparagraph (L). 
(e) OIL POLLUTION ACT OF 1990.— 
(1) Section 1004(a)(2) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2704(a)(2)) is amended by strik-
ing the first comma following ‘‘$800,000’’.
270 
(2) The table of sections in section 2 of such Act 
is amended by inserting a period at the end of the 
item relating to section 7002. 
(f) COAST GUARD AUTHORIZATION ACT OF 1996.— 
The table of sections in section 2 of the Coast Guard Author-
ization Act of 1996 is amended in the item relating to sec-
tion 103 by striking ‘‘reports’’ and inserting ‘‘report’’. 
SEC. 904. MANNING REQUIREMENT. 
Section 421 of the Coast Guard and Maritime Trans-
portation Act of 2006 (Public Law 109–241; 120 Stat. 547) 
is amended— 
(1) in subsection (a), by striking ‘‘in the 48- 
month period beginning on the date of enactment of 
this Act if,’’ and inserting ‘‘until the date of expira-
tion of this section if,’’; 
(2) in subsection (b), by striking ‘‘Subsection 
(a)(1)’’ and inserting ‘‘Subsection (a)’’; 
(3) in subsection (d), by striking ‘‘48 months 
after the date of enactment of this Act.’’ and inserting 
‘‘on December 31, 2012.’’; and 
(4) by redesignating subsection (e) as subsection 
(f) and inserting after subsection (d) the following: 
‘‘(e) SAFETY INSPECTIONS.—A vessel may not engage 
a foreign citizen to meet a manning requirement under this 
section unless it has an annual safety examination by an
271 
individual authorized to enforce part B of subtitle II of title 
46, United States Code.’’. 
SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 
The Commandant of the Coast Guard shall submit to 
the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a comprehen-
sive study on the proposed construction or alteration of any 
bridge, drawbridge, or causeway over navigable waters with 
a channel depth of 25 feet or greater of the United States 
that may impede or obstruct future navigation to or from 
port facilities. 
SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX 
CERTAIN SEAMEN. 
Section 11108(b)(2)(B) of title 46, United States Code, 
is amended to read as follows: 
‘‘(B) who performs regularly assigned duties 
while engaged as a master, officer, or crewman 
on a vessel operating on navigable waters in 2 
or more States.’’. 
SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN 
MARQUETTE COUNTY, MICHIGAN, TO THE 
CITY OF MARQUETTE, MICHIGAN. 
(a) CONVEYANCE AUTHORIZED.—
272 
(1) IN
GENERAL.—The Commandant of the 
Coast Guard may convey as surplus property, under 
section 550 of title 40, United States Code, and other 
relevant Federal Laws governing the disposal of Fed-
eral surplus property, to the City of Marquette, 
Michigan (in this section referred to as the ‘‘City’’), 
all right, title, and interest of the United States in 
and to a parcel of real property, together with any 
improvements thereon, located in Marquette County, 
Michigan, that is under the administrative control of 
the Coast Guard, consisting of approximately 5.5 
acres of real property, as depicted on the Van Neste 
survey (#204072), dated September 7, 2006, together 
with the land between the intermediate traverse line 
as shown on such survey and the ordinary high water 
mark, the total comprising 9 acres, more or less, and 
commonly identified as Coast Guard Station Mar-
quette and Lighthouse Point. 
(2) COSTS OF CONVEYANCE.—The responsibility 
for all reasonable and necessary costs, including real 
estate transaction and environmental documentation 
costs, associated with the transaction shall be deter-
mined by the Commandant of the Coast Guard and 
the City.
273 
(b) RETENTION OF CERTAIN EASEMENTS.—In con-
veying the property under subsection (a), the Commandant 
of the Coast Guard may retain such easements over the 
property as the Commandant considers appropriate for ac-
cess to aids to navigation. 
(c) LIMITATIONS.—The property to be conveyed under 
subsection (a) may not be conveyed under that subsection 
until— 
(1) the Coast Guard has relocated Coast Guard 
Station Marquette to a newly constructed station; 
(2) any environmental remediation required 
under Federal law with respect to the property has 
been completed; and 
(3) the Commandant of the Coast Guard deter-
mines that retention of the property by the United 
States is not required to carry out Coast Guard mis-
sions or functions. 
(d) CONDITIONS OF TRANSFER.—All conditions placed 
within the deed of title of the property to be conveyed under 
subsection (a) shall be construed as covenants running with 
the land. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Commandant of the Coast Guard.
274 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Com-
mandant of the Coast Guard may require such additional 
terms and conditions in connection with the conveyance au-
thorized by subsection (a) as the Commandant considers ap-
propriate to protect the interests of the United States. 
SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVI-
GABLE 
PORTIONS 
OF 
THE 
RIO 
GRANDE 
RIVER, 
TEXAS, 
INTERNATIONAL 
WATER 
BOUNDARY. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall prepare a mission require-
ment analysis for the navigable portions of the Rio Grande 
River, Texas, international water boundary. The analysis 
shall take into account the Coast Guard’s involvement on 
the Rio Grande River by assessing Coast Guard missions, 
assets, and personnel assigned along the Rio Grande River. 
The analysis shall also identify what would be needed for 
the Coast Guard to increase search and rescue operations, 
migrant interdiction operations, and drug interdiction op-
erations. In carrying out this section, the Secretary shall 
work with all appropriate entities to facilitate the collection 
of information under this section as necessary and shall re-
port the analysis to the Congress.
275 
SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN 
CHEBOYGAN, MICHIGAN. 
(a) 
CONVEYANCE
AUTHORIZED.—Notwithstanding 
any other provision of law, the Commandant of the Coast 
Guard is authorized to convey, at fair market value, all 
right, title, and interest of the United States in and to a 
parcel of real property, consisting of approximately 3 acres, 
more or less, that is under the administrative control of the 
Coast Guard and located at 900 S. Western Avenue in Che-
boygan, Michigan. 
(b) RIGHT
OF FIRST REFUSAL.—The Cornerstone 
Christian Academy, located in Cheboygan, MI, shall have 
the right of first refusal to purchase, at fair market value, 
all or a portion of the real property described in subsection 
(a). 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Commandant of the Coast Guard. 
(d) FAIR MARKET VALUE.—The fair market value of 
the property shall be— 
(1) determined by appraisal, in accordance with 
the Uniform Appraisal Standards for Federal Land 
Acquisitions and the Uniform Standards of Profes-
sional Appraisal Practice; and 
(2) subject to the approval of the Commandant.
276 
(e) COSTS OF CONVEYANCE.—The responsibility for all 
reasonable and necessary costs, including real estate trans-
action and environmental documentation costs, associated 
with the transaction shall be determined by the Com-
mandant of the Coast Guard and the purchaser. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Com-
mandant of the Coast Guard may require such additional 
terms and conditions in connection with the conveyance 
under subsection (a) as is considered appropriate to protect 
the interests of the United States. 
SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERA-
TORS OF UNINSPECTED PASSENGER VESSELS 
ON LAKE TEXOMA IN TEXAS AND OKLAHOMA. 
(a) IN GENERAL.—Upon the request of the Governor 
of the State of Texas or the Governor of the State of Okla-
homa, the Secretary of the department in which the Coast 
Guard is operating shall enter into an agreement with the 
Governor of the State whereby the State shall license opera-
tors of uninspected passenger vessels operating on Lake 
Texoma in Texas and Oklahoma in lieu of the Secretary 
issuing the license pursuant to section 8903 of title 46, 
United States Code, and the regulations issued thereunder, 
but only if the State plan for licensing the operators of 
uninspected passenger vessels—
277 
(1) meets the equivalent standards of safety and 
protection of the environment as those contained in 
subtitle II of title 46, United States Code, and regula-
tions issued thereunder; 
(2) includes— 
(A) standards for chemical testing for such 
operators; 
(B) physical standards for such operators; 
(C) professional service and training re-
quirements for such operators; and 
(D) criminal history background check for 
such operators; 
(3) provides for the suspension and revocation of 
State licenses; 
(4) makes an individual, who is ineligible for a 
license issued under title 46, United States Code, in-
eligible for a State license; and 
(5) provides for a report that includes— 
(A) the number of applications that, for the 
preceding year, the State rejected due to failure 
to— 
(i) meet chemical testing standards; 
(ii) meet physical standards; 
(iii) meet professional service and 
training requirements; and
278 
(iv) pass criminal history background 
check for such operators; 
(B) the number of licenses that, for the pre-
ceding year, the State issued; 
(C) the number of license investigations 
that, for the preceding year, the State conducted; 
(D) the number of licenses that, for the pre-
ceding year, the State suspended or revoked, and 
the cause for such suspensions or revocations; 
and 
(E) the number of injuries, deaths, colli-
sions, and loss or damage associated with 
uninspected passenger vessels operations that, for 
the preceding year, the State investigated. 
(b) ADMINISTRATION.— 
(1) The Governor of the State may delegate the 
execution and enforcement of the State plan, includ-
ing the authority to license and the duty to report in-
formation pursuant to subsection (a), to any subordi-
nate State officer. The Governor shall provide, to the 
Secretary, written notice of any delegation. 
(2) The Governor (or the Governor’s designee) 
shall provide written notice of any amendment to the 
State plan no less than 45 days prior to the effective 
date of such amendment.
279 
(3) At the request of the Secretary, the Governor 
of the State (or the Governor’s designee) shall grant, 
on a biennial basis, the Secretary access to State 
records and State personnel for the purpose of audit-
ing State execution and enforcement of the State 
plan. 
(c) APPLICATION.— 
(1) The requirements of section 8903 of title 46, 
United States Code, and the regulations issued there-
under shall not apply to any person operating under 
the authority of a State license issued pursuant to an 
agreement under this section. 
(2) The State shall not compel a person, oper-
ating under the authority of a license issued either by 
another State, pursuant to a valid agreement under 
this section, or by the Secretary, pursuant to section 
8903 of title 46, United States Code, to— 
(A) hold a license issued by the State, pur-
suant to an agreement under this section; or 
(B) pay any fee, associated with licensing, 
because the person does not hold a license issued 
by the State, pursuant to an agreement under 
this section. 
Nothing in this paragraph shall limit the authority 
of the State to impose requirements or fees for privi-
280 
leges, other than licensing, that are associated with 
the operation of uninspected passenger vessels on Lake 
Texoma. 
(3) For the purpose of enforcement, if an indi-
vidual is issued a license— 
(A) by a State, pursuant to an agreement 
entered into under to this section; or 
(B) by the Secretary, pursuant to section 
8903 of title 46, United States Code, 
then the individual shall be entitled to lawfully oper-
ate an uninspected passenger vessel on Lake Texoma 
in Texas and Oklahoma without further requirement 
to hold an additional operator’s license. 
(d) TERMINATION.— 
(1) If— 
(A) the Secretary finds that the State plan 
for the licensing the operators of uninspected 
passenger vessels— 
(i) does not meet the equivalent stand-
ards of safety and protection of the environ-
ment as those contained in subtitle II of 
title 46, United States Code, and regula-
tions issued thereunder; 
(ii) does not include—
281 
(I) standards for chemical testing 
for such operators, 
(II) physical standards for such 
operators, 
(III) 
professional 
service 
and 
training requirements for such opera-
tors, or 
(IV) background and criminal in-
vestigations for such operators; 
(iii) does not provide for the suspen-
sion and revocation of State licenses; or 
(iv) does not make an individual, who 
is ineligible for a license issued under title 
46, United States Code, ineligible for a 
State license; or 
(B) the Governor (or the Governor’s des-
ignee) fails to report pursuant to subsection (b), 
the Secretary shall terminate the agreement author-
ized by this section, provided that the Secretary pro-
vides written notice to the Governor of the State 60 
days in advance of termination. The findings of fact 
and conclusions of the Secretary, if based on a pre-
ponderance of the evidence, shall be conclusive. 
(2) The Governor of the State may terminate the 
agreement authorized by this section, provided that
282 
the Governor provides written notice to the Secretary 
60 days in advance of the termination date. 
(e) EXISTING AUTHORITY.—Nothing in this section 
shall affect or diminish the authority or jurisdiction of any 
Federal or State officer to investigate, or require reporting 
of, marine casualties. 
(f) DEFINITIONS.—For the purposes of this section, the 
term ‘‘uninspected passenger vessel’’ has the same meaning 
such term has in section 2101(42)(B) of title 46, United 
States Code. 
SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VES-
SELS. 
Within 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating, acting through the Commandant of the 
Coast Guard, shall submit a report to Congress on its com-
prehensive strategy to combat the illicit flow of narcotics, 
weapons, bulk cash, and other contraband through the use 
of submersible and semi-submersible vessels. The strategy 
shall be developed in coordination with other Federal agen-
cies engaged in detection, interdiction, or apprehension of 
such vessels. At a minimum, the report shall include the 
following: 
(1) An assessment of the threats posed by sub-
mersible and semi-submersible vessels, including the
283 
number of such vessels that have been detected or 
interdicted. 
(2) Information regarding the Federal personnel, 
technology and other resources available to detect and 
interdict such vessels. 
(3) An explanation of the Coast Guard’s plan, 
working with other Federal agencies as appropriate, 
to detect and interdict such vessels. 
(4) An assessment of additional personnel, tech-
nology, or other resources necessary to address such 
vessels. 
SEC. 912. USE OF FORCE AGAINST PIRACY. 
(a) IN GENERAL.—Chapter 81 of title 46, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 8107. Use of force against piracy 
‘‘(a) LIMITATION ON LIABILITY.—An owner, operator, 
time charterer, master, mariner, or individual who uses 
force or authorizes the use of force to defend a vessel of the 
United States against an act of piracy shall not be liable 
for monetary damages for any injury or death caused by 
such force to any person engaging in an act of piracy if 
such force was in accordance with standard rules for the 
use of force in self-defense of vessels prescribed by the Sec-
retary.
284 
‘‘(b) PROMOTION OF COORDINATED ACTION.—To carry 
out the purpose of this section, the Secretary of the depart-
ment in which the Coast Guard is operating shall work 
through the International Maritime Organization to estab-
lish agreements to promote coordinated action among flag- 
and port-states to deter, protect against, and rapidly re-
spond to piracy against the vessels of, and in the waters 
under the jurisdiction of, those nations, and to ensure limi-
tations on liability similar to those established by sub-
section (a). 
‘‘(c) DEFINITION.—For the purpose of this section, the 
term ‘act of piracy’ means any act of aggression, search, 
restraint, depredation, or seizure attempted against a vessel 
of the United States by an individual not authorized by 
the United States, a foreign government, or an inter-
national organization recognized by the United States to 
enforce law on the high seas.’’. 
(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.’’. 
(c) STANDARD RULES FOR THE USE OF FORCE FOR 
SELF-DEFENSE OF VESSELS OF THE UNITED STATES.— 
Not later than 180 days after the date of enactment of this 
act, the secretary of the department in which the coast 
guard is operating, in consultation with representatives of
285 
industry and labor, shall develop standard rules for the use 
of force for self-defense of vessels of the United States. 
SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF 
TITLE 46, UNITED STATES CODE. 
(a) IN GENERAL.—Chapter 313 of title 46, United 
States Code, is amended— 
(1) by striking ‘‘of Transportation’’ in sections 
31302, 31306, 31321, 31330, and 31343 each place it 
appears; 
(2) by striking ‘‘and’’ after the semicolon in sec-
tion 31301(5)(F); 
(3) by striking ‘‘office.’’ in section 31301(6) and 
inserting ‘‘office; and’’; and 
(4) by adding at the end of section 31301 the fol-
lowing: 
‘‘(7) ‘Secretary’ means the Secretary of the De-
partment of Homeland Security, unless otherwise 
noted.’’. 
(b) SECRETARY AS MORTGAGEE.—Section 31308 of 
such title is amended by striking ‘‘When the Secretary of 
Commerce or Transportation is a mortgagee under this 
chapter, the Secretary’’ and inserting ‘‘The Secretary of 
Commerce or Transportation, as a mortgagee under this 
chapter,’’.
286 
(c) 
SECRETARY
OF
TRANSPORTATION.—Section 
31329(d) of such title is amended by striking ‘‘Secretary.’’ 
and inserting ‘‘Secretary of Transportation.’’. 
(d) MORTGAGEE.— 
(1) Section 31330(a)(1) of such title, as amended 
by subsection (a)(1) of this section, is amended— 
(A) by inserting ‘‘or’’ after the semicolon in 
subparagraph (B); 
(B) by striking ‘‘Secretary; or’’ in subpara-
graph (C) and inserting ‘‘Secretary.’’; and 
(C) by striking subparagraph (D). 
(2) Section 31330(a)(2) is amended— 
(A) by inserting ‘‘or’’ after the semicolon in 
subparagraph (B); 
(B) by striking ‘‘faith; or’’ in subparagraph 
(C) and inserting ‘‘faith.’’; and 
(C) by striking subparagraph (D). 
SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR 
PUBLIC PURPOSES. 
(a) IN GENERAL.—Whenever the transfer of ownership 
of a Coast Guard vessel or aircraft to an eligible entity for 
use for educational, cultural, historical, charitable, rec-
reational, or other public purposes is authorized by law or 
declared excess by the Commandant, the Coast Guard shall
287 
transfer the vessel or aircraft to the General Services Ad-
ministration for conveyance to the eligible entity. 
(b) CONDITIONS OF CONVEYANCE.—The General Serv-
ices Administration may not convey a vessel or aircraft to 
an eligible entity as authorized by law unless the eligible 
entity agrees— 
(1) to provide the documentation needed by the 
General Services Administration to process a request 
for aircraft or vessels under section 102.37.225 of title 
41, Code of Federal Regulations; 
(2) to comply with the special terms, conditions, 
and restrictions imposed on aircraft and vessels under 
section 102.37.460 of such title; 
(3) to make the vessel available to the United 
States Government if it is needed for use by the Com-
mandant of the Coast Guard in time of war or a na-
tional emergency; and 
(4) to hold the United States Government harm-
less for any claims arising from exposure to haz-
ardous materials, including asbestos and poly-
chlorinated biphenyls, that occurs after conveyance of 
the vessel, except for claims arising from use of the 
vessel by the United States Government under para-
graph (3).